Vaccine authority still unclear

In June, Gov. Jay Inslee dictated there would be a permanent COVID-19 vaccine mandate that extended beyond the reach of his emergency powers. When the Legislature convenes in the new year, our other elected representatives need to take that unfair requirement away. I was told it might be possible with a budget proviso.

For now, rules have been written — effective Nov. 4 — and a COVID-19 vaccine is now required for taxpayer-funded employment in state executive and small cabinet agencies.

A lot of agencies are impacted, including the Washington State Patrol and the Department of Transportation. Both were hit hard by vaccine-related employee loss: Ferries are still docked with labor pains that were exacerbated by the misguided mandate.

The vaccine mandate for current employees also applies to future job applicants. That feels like discrimination to me.

Allowing our governor to treat unvaccinated people like waifs is unacceptable.

Meanwhile, the flu has taken off. The Department of Health has said flu cases are rising quickly, with hospitalizations at the highest rates seen in 10 years for this point of the year.

While COVID-19 is not the flu, some doctors and government leaders have been saying that we’ve reached the point where COVID-19 poses a similar or less of a risk of hospitalization or death for individuals than influenza.

Yet, there is no flu vaccine requirement.

A COVID booster requirement for state employees — also dictated in Gov. Jay Inslee’s June directive — was negotiated away in August. Now, employees who get a booster will reap a $1,000 bonus from taxpayers.

That idea has been met with wide skepticism.

Only 27% of respondents to a poll sponsored by media and academia approved of the booster incentive.

The Office of Financial Management was the agency directed to create rules for the permanent mandate. For months, I have been asking for clarification about the authority that exists for the governor or OFM to make a requirement about a worker’s medical decision.

OFM has sent me an explanatory statement a couple of times that says it has rulemaking authority in the following statutes: RCW 41.06.133 and RCW 41.06.150.

I read these and failed to see the authority, so I followed up with more questions. A spokeswoman said the statutes give OFM rulemaking authority “over the basis and procedures to be followed for reduction, dismissal, suspension, or demotion of employees, as well as appointments.”

So, now, I’ve asked if I am right to assume the governor and OFM could make rules about how many times an employee works out each week and what he eats or drinks, etc.

OFM asked me to hold while it works on answers.

I’ve also asked OFM if the Legislature could limit the authority it sees in those RCWs.

Hold, please.

I’m holding. But I think we should be anxious to solve this question. The governor’s continued resolve to pin better COVID-19 outcomes on one group of people could become a costly problem.

It’s time for peace in the land when it comes to vaccines.

– Elizabeth Hovde is the director of the Centers for Health Care and Worker Rights at the Washington Policy Center. Email her at ehovde@washingtonpolicy.org.