Lois Larson
The COVID-19 pandemic has brought about a wave of vaccine mandates across the world. While some countries like Canada have mandated COVID-19 vaccinations for employees and passengers in the federally regulated air, rail, and marine transportation sectors, the legal ground in countries like Australia for employers to insist that employees be vaccinated is murky. In the United States, San Francisco International Airport (SFO) has become the first major airport to mandate COVID-19 vaccinations for all on-site workers, with airlines like United also mandating vaccinations for their employees.
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What You'll Learn
- SFO mandates COVID-19 vaccinations for all on-site workers
- United Airlines allows unvaccinated employees to return to work
- Chicago's O'Hare airport offers vaccinations to transportation workers
- Australian airlines' vaccine mandates face legal challenges
- Canadian government requires vaccinations for transportation sector workers
SFO mandates COVID-19 vaccinations for all on-site workers
In September 2024, San Francisco International Airport (SFO) became the first major US airport to mandate COVID-19 vaccinations for all on-site workers. The new rule, announced by San Francisco Mayor London Breed, requires SFO tenants and contractors to ensure that all their on-site employees are fully vaccinated. This includes everyone from Starbucks baristas and airline employees to on-site construction workers and security checkpoint screeners employed by private contractors.
Any workers granted exemptions due to medical disability or religious beliefs must be tested weekly for COVID-19. The mandate was welcomed by Unite Here Local 2, the union representing thousands of food-service workers at SFO, including concessions workers in the terminal and airline catering workers. A spokesperson for the union noted that nearly all of its members are front-line workers in the tourism and hospitality industry, and the vast majority are vaccinated.
SFO's mandate comes as the Biden administration tries to bring workers back to the physical workplace, even as infection and hospitalization rates rise across the country due to the spread of the COVID-19 delta variant. The White House has indicated that the vaccination requirements could be imposed more broadly on federal contractors, beyond those working at federal sites. Fully vaccinated contractor employees working at federal sites must provide attestation of their vaccination status and wear masks indoors if the locality has high or substantial transmission rates.
Contractor employees who are not fully vaccinated or who decline to attest to their vaccination status will have to undergo regular COVID-19 testing, wear masks at all times, and socially distance. They will also be subject to government-wide restrictions on official travel. While all federal agencies must implement these basic requirements, each agency can adapt the details to its specific needs.
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United Airlines allows unvaccinated employees to return to work
United Airlines has decided to allow unvaccinated employees to return to work, reversing its earlier mandate. The Chicago-based carrier was the first US airline to impose a COVID-19 vaccine mandate for its staff, leading to the termination of more than 200 workers who refused to get vaccinated. The company did allow employees to apply for religious or medical exemptions, but many of those seeking exemptions were placed on unpaid leave. This prompted a lawsuit from employees, and in February, a federal court ruled that the mandate was "actively coercing employees to abandon their convictions".
United Airlines' decision to allow unvaccinated employees back to work comes as coronavirus cases have dropped significantly following the end of the wave of the Omicron variant. About 97% of United's 67,000 US workers got vaccinated, with only about 200 terminated. Over 2,000 employees claimed a medical or religious exemption for not getting vaccinated. The airline's vice president of human resources, Kirk Limacher, noted that the policy change also came after a drop in COVID-19 cases and related hospitalizations across the country. The US Centers for Disease Control and Prevention's (CDC) decision to ease its mask mandate earlier in March also influenced the airline's decision.
Limacher wrote: "These changes suggest that the pandemic is beginning to meaningfully recede. As a result, we're confident we can safely begin the process of returning our RAP employees to their jobs." United Airlines is not the only airline to have backtracked on vaccine mandates. American Airlines and Southwest Airlines also announced vaccine requirements for workers in early October, only to reverse their decisions a few weeks later. Despite these mandates, travelers should be prepared to fly on airlines without fully vaccinated staff, as some workers will remain unvaccinated with exemptions or without.
United Airlines' mandate and subsequent reversal highlight the challenges of implementing vaccine requirements for employees, especially in industries such as air travel, where staffing shortages can have significant operational impacts. While the majority of airline workers are expected to be vaccinated, there are still unvaccinated employees, and it is unclear what their work status will be.
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Chicago's O'Hare airport offers vaccinations to transportation workers
Chicago's O'Hare International Airport, the world's eighth busiest airport, has opened a vaccination site for transportation workers. The move comes as part of a COVID-19 Chicago update, offering the one-shot Johnson & Johnson vaccine to eligible employees who register and make an appointment.
The airport, which serves as a commercial aviation centerpiece for the nation, has experienced issues with passenger experience and flight disruptions. The new vaccination site is a positive step towards protecting transportation workers and travellers alike.
Despite vaccine mandates from President Joe Biden and some major airlines, travellers are warned not to expect all pilots, flight attendants, and airport workers to be vaccinated during the holiday travel season. This is due to a mix of unvaccinated staff, those seeking exemptions, and those who have not received a final decision regarding their exemption request.
Delta Air Lines reports 90% of its workers are vaccinated, while United has over 99% of its staff vaccinated or with exemption applications. Southwest and American Airlines are particularly vulnerable to staffing issues, with recent mass flight cancellations. Chicago's O'Hare Airport itself has been ranked as one of the most stressful and worst airports in the US, with long wait times for security screenings.
With a transportation nightmare looming over Chicago due to budget issues, the city's mass transit system is facing potential disruptions and service cuts. The situation is further complicated by the state's transportation committee head, Illinois state Rep. Marty Moylan, who is concerned about the amount of overtime pay transit workers receive. Chicago's mayor-run system, which carries 85% of the area's transit trips, could lose control under a regional reorganisation, impacting the city's Black and Latino communities.
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Australian airlines' vaccine mandates face legal challenges
The COVID-19 pandemic has put the spotlight on airline vaccination policies, with many airlines mandating COVID-19 vaccines for their staff. In Australia, the Fair Work Ombudsman is expected to update its advice to employers, making it easier for bosses in hotspot areas to mandate vaccinations. However, without government-issued public health orders to back them, bosses who follow the regulator's advice could still face legal challenges.
National work health and safety body Safe Work Australia has stated that it is not reasonably practical for employers to require their staff to be vaccinated in most cases. Despite this, some Australian airlines have announced vaccine mandates for their workers. For example, in early October 2021, American Airlines and Southwest Airlines announced vaccine mandates for workers, but later backtracked. Southwest initially proposed placing unvaccinated workers on unpaid leave after 8 December but later scrapped this plan, stating that unvaccinated employees without an approved exemption would not be fired.
The Australian Prime Minister has refused to mandate COVID-19 vaccines for workplaces, leaving businesses wanting to require vaccinations for their staff and customers in a legal grey area. While experts have said that the government would be on solid ground in its attempts to mandate vaccinations for certain freedoms, the government has not provided clear guidance on the legality of mandating vaccinations. This has resulted in backlash from some business owners, who believe that making them responsible for enforcing a vaccine mandate places an unfair burden on their staff.
Some Australian states and territories, such as Victoria, the ACT, and Queensland, have considered the human rights implications of rules that limit access to places based on vaccine status. The Australian Human Rights Commission has warned that vaccine passports may have significant implications for privacy, autonomy, freedom of movement and association, equity, and discrimination. On the other hand, Dr. Ron Levy, an associate professor at the Australian National University's law college, has stated that the legal prospects for people opposed to vaccine mandates are "quite poor". He believes that while individuals may feel that their freedoms are being constrained, they will not find legal grounds to challenge vaccine mandates.
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Canadian government requires vaccinations for transportation sector workers
The Canadian government has required COVID-19 vaccinations for approximately 268,000 federal public servants, including members of the Royal Canadian Mounted Police, as well as travelers. The government asserts that vaccination is essential to moving past the pandemic.
While the federal government has left vaccination mandates for private-sector employers to individual provinces and territories, it has implemented vaccination requirements for transportation sector workers. This includes airlines and airports, as well as organizations with employees who enter restricted areas of airports, such as hospitality workers. It also includes federally-regulated railways and their employees, and marine operators with Canadian vessels that operate with 12 or more crew members.
Transport Canada is responsible for overseeing compliance with these vaccination mandates and has provided guidelines to assist employers in developing and implementing vaccination policies. These policies must include provisions for employee attestation of vaccination status and descriptions of consequences for non-compliance.
However, it is important to note that as of June 14th, 2022, the federal government announced that it would suspend vaccination requirements for federally-regulated transportation sectors, including airports. This means that transportation workers are no longer required to work under mandatory vaccination policies, although the government has indicated that it will continue to make adjustments based on public health advice and science.
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Frequently asked questions
It depends on the airport and the local regulations. For example, SFO airport in San Francisco has mandated COVID-19 vaccinations for all on-site workers. However, other airports may have different requirements based on local laws and company policies.
Yes, some airports and companies may allow unvaccinated employees to work in non-customer-facing roles or reassign them to positions that do not require vaccination. Certain exemptions may also be granted for medical disabilities or sincerely held religious beliefs, but these employees may be required to undergo regular COVID-19 testing.
Vaccinating airport workers helps prevent the spread of COVID-19 and reduces hospitalizations and deaths. It contributes to creating a safer travel experience and supports the economic recovery of the aviation industry, which was heavily impacted by the pandemic.
Yes, the legality of mandating vaccinations for airport workers can vary by region. For example, in Australia, the legal ground for employers to insist on employee vaccination is murky and subject to case-by-case evaluations. In contrast, the Government of Canada has required employees and passengers in the federally regulated air, rail, and marine transportation sectors to be vaccinated since October 30, 2021.
