Mayor Releases Guidelines for Vaccine Mandate for Private Businesses

 By Yehudit Garmaise

Mayor Bill de Blasio’s vaccine mandate for the private sector is set to go into effect on Dec. 27, and today, after city agencies spoke with numerous business leaders and organizations, the mayor released today, as promised, what he called, “straightforward, clear guidance” that explains to businesses exactly what they must do to be compliant.

Businesses who refuse to comply will be stuck with financial penalties that start at $1,000 per violation, however, Mayor de Blasio made clear: “The goal is not to penalize, the goal is to simply make this work.”

“The bottom line is: we see all these challenges from COVID coming, and we need to take a preemptive strike.

“We are NOT going to end up like other nations, such as Austria, Germany, and the UK [, which are shutting down]. We are NOT going to end up in the situations some parts of this country are in and in the state, where hospitals are overwhelmed.

“We can’t let that happen in NYC, and so we need those strong measures now.

Although $1,000 penalties sound high, the mayor said that after four months of the city participating in his Key to NYC mandate, which requires customers, now as young as 5 to 11, to enter businesses that provide indoor dining, fitness centers, and entertainment venues, to show proof of first doses of vaccines.

Although the mayor said, “in very, very few cases, we have needed to apply penalties., of course, we will retain the ability, if the business does not comply, or if they refuse to comply, to issue penalties, which start at a low level, and then they grow if there is still no compliance.”

While business owners can download at nyc.gov/vaxtowork, New York City’s guidance for private businesses to comply with the vaccination mandate that goes into effect in 12 days, today Small Business Services Commissioner explained some of the mandatory measures.

“First, businesses need to put into place a plan to make sure that they maintain employees vaccination records,” said Dorris, who said that NYC businesses, which he said 75,000 NYC businesses have already done, should call (888) SBS-4NYC for guidance. “Businesses should have these vaccination records on hand and be ready to present them if city agencies come in to inspect.”

Secondly, Dorris said that businesses also must post visible signs that affirm and show to employees, customers, and visitors that businesses are compliant with the mandate.

“We are here at SBS to help explain and walk business owners through some of the criteria,” Dorris said.

Also, business owners are given the authority to issue religious or medical accommodations, which one reporter pointed out may be a loophole with which employers can “game the system.”

Corporation Counsel Georgia Pestana responded by saying that the city will be keeping an eye to ensure that no one is lying or taking advantage of decentralized control of the provisions of accommodations, but that most New Yorkers are in favor of keeping everyone safe.

"Of course, we have the right to step in and make sure the process is working,” said Pesata. “We will make sure the process is not being misused.”

When a reporter asked the mayor about the legal standing of his latest mandate, after many of his previous mandates were defended by the courts, Pestana again explained, as she has in the past, that the city’s health commissioner, Dave Chokshi, MD, has “the authority to issue these [vaccine mandates], when there is a feeling or an understanding that it is time for the city to take the next step in defending ourselves from COVID.

“We will continue to defend the commissioner’s authority to protect the health, safety, and lives of New Yorkers.”

 Photo credit: M.G.