U.S. Class Is react to new OSHA policy on Biden's vaccine mandate

By Julie Sneider, senior associate editor

U.S. Class Is are evaluating the impact of the Biden administration's executive order calling for businesses with more than 100 employees and those that are federal contractors to enforce a COVID-19 vaccination policy. At least two Class Is have already implemented a vaccination mandate.

Yesterday, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a emergency temporary standard (ETS) calling for covered employers to develop, implement and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to choose to either be vaccinated or undergo regular COVID-19 testing and wear a face covering at work. 

The ETS, which provides specifics for how the executive order that President Biden announced in September should be implemented, sets Jan. 4 as the deadline for covered companies to comply.

Progressive Railroading reached out to the U.S. Class Is for their reaction to OSHA’s ETS and received responses from CSX, Kansas City Southern, Norfolk Southern Railway and Union Pacific Railroad. BNSF Railway Co. did not respond to a request for comment.

NS and UP have implemented vaccine mandates for their employees and, as a result, are involved in lawsuits with rail unions.

“The White House provided clear guidance today regarding Union Pacific’s obligation as a federal contractor, stating unvaccinated employees without an approved accommodation must receive their final dose of the COVID-19 vaccine by Jan. 4, 2022,” UP spokeswoman Robynn Tysver said yesterday in an email.

UP is requiring all employees to report their vaccine status by Dec. 8, providing those who have not yet received the vaccine to be compliant by the federal deadline. 

“On Jan. 5, in accordance with the guidance received today, Union Pacific will begin making decisions to remove noncompliant employees from service,” Tysver said.

NS Chairman, President and CEO James Squires said in a call with analysts last week (to discuss third-quarter results) that the company determined it is a federal contractor and therefore must comply with the executive order.

“It's a tough decision that's being imposed on some of our employees as a result, and we do regret that. However, we will follow the law. It clearly applies to us and we must comply,” Squires said, according to a transcript of the call. Squires said he hoped the company didn’t lose any employees because of the mandate.

NS has a Dec. 8 deadline for employees to report their vaccination status. NS spokesman Jeff DeGraff said yesterday in an email that the company has no further comment beyond Squires’ comments.

CSX is evaluating the ETS and its potential impact on the company, spokeswoman Sheriee Bowman said in an email.

“Safety remains the most important part of our work at CSX, and we will continue to prioritize the well-being of our employees as we have throughout this pandemic,” Bowman said. “From the onset, we implemented safety protocols and preventative measures to safeguard our people and operations, including a vaccine incentive program for all employees.”

CSX constantly reviews and updates the protocols and programs to be aligned with CDC guidelines, Bowman added.

KCS is evaluating what is obligations might be under the OSHA ETS and “continues to encourage all employees to be vaccinated,” said spokeswoman Doniele Carlson in an email.