The U.S. Senate on Dec. 8 voted to overturn President Joe Biden’s COVID-19 vaccine or testing mandate for private businesses with 100 or more employees. The final vote was 52-48, with two Democrats – Sens. Jon Tester of Montana and Joe Manchin of West Virginia – joining their 50 Republican colleagues in opposition to the mandate.
“I have long said we should incentivize, not penalize, private employers whose responsibility it is to protect their employees from COVID-19,” Manchin said of his decision to oppose the mandate. In a Dec. 7 statement, Tester said he “repeatedly heard concerns from Montana’s small business and community leaders about the negative effect the private business vaccine mandate will have on their bottom lines and our state’s economy.”
Biden in September announced that he would be directing the Labor Department to require all businesses with 100 or more employees to mandate that their workers are either fully vaccinated or undergo weekly testing and wear masks. The emergency rule was issued in November, but a federal appeals court temporarily blocked it amid numerous legal challenges from states and private employers.
The Agricultural Retailers Association (ARA) also issued a statement on Dec. 8 supporting the Senate vote against the measure.
“Today’s vote in the Senate symbolizes a rejection of the mandate for private employers as agriculture and many other industries face supply chain challenges and workforce shortages,” said Daren Coppock, ARA President and CEO. “While this resolution still must pass the U.S. House of Representatives and the President’s desk, where it will likely be vetoed, ARA continues to work to show how private employer mandates are harmful to the American economy.”