The question of mandatory vaccinations for COVID-19 has proven to be quite controversial over the past year. In late 2021, the White House directed the Occupational Safety and Health Administration (OSHA) to develop a rule requiring all employers with one hundred or more employees to require vaccination against COVID. Lawsuits soon followed challenging OSHA’s authority to do this. The U.S. Supreme Court recently affirmed several lower court orders staying this rule. At the same time, it upheld a rule from the Department of Health and Human Services (HHS) requiring many healthcare workers to get vaccinated. New Jersey healthcare workers are also subject to a series of executive orders from the governor regarding vaccination.
Vaccination mandates are not a new concept in the U.S. The Supreme Court affirmed state laws requiring vaccination against smallpox in 1905 in Jacobson v. Massachusetts. Throughout the COVID-19 pandemic, governments throughout the U.S. have largely left it to employers to decide whether to require their employers to get vaccinated, or they have left the decision to individuals.
Many states require healthcare workers to get vaccinated against COVID. Prior to the pandemic, New Jersey enacted a law requiring employees of hospitals, nursing homes, and home health care agencies to get an annual flu vaccine. The state legislature has not passed any laws requiring COVID vaccinations, but the governor has taken action. In August 2021, Governor Phil Murphy issued the first of several executive orders requiring employees of certain healthcare facilities to get the COVID vaccine. He issued a new order on January 19, 2022, expanding the scope of the prior orders.