Employers with varying levels of COVID-19 protocols told to hold off on vaccine mandates

When walking into Marquis Cannabis in Boulder, customers are asked to sport masks while shopping and interacting with employees who are also shielded by face coverings.

It’s not that employees at the shop aren’t vaccinated, said store owner Todd Ellison. The masks just add a second layer of protection.

“We do wear masks still, and we still ask for our customers to as well because we do serve a lot of tourists,” he said. “I know we are all vaccinated, but I think the tourists are the question.”

Ellison said he did not require his staff to vaccinate. They all wanted to.

“I just asked if they wanted to, and they all did,” he said. “One of our new hires was already vaccinated.”

Following the release of COVID-19 vaccinations this year, staffers at some area businesses have been allowed to discard their masks as long as they are vaccinated. But Ellison is still holding onto the requirement as the virus and its variants continue to spread.

UCHealth, which has locations throughout the state including in Boulder and Longmont, plans to mandate vaccinations for all employees later this year, UCHealth public relations and media relations manager Paula Freund wrote in an email.

“About two weeks ago, UCHealth announced that all vaccinated employees and contractors would receive a $500 bonus,” she said. “Those who are currently vaccinated will receive the bonus in mid-July, and anyone who gets vaccinated between now and Aug. 22 would receive the bonus on Sept. 3.”

Freund said UCHealth’s vaccination rate among staff members is about 80% and increases every week.

Christine Samsel, an employment law attorney at Brownstein Hyatt Farber Schreck in Denver, is advising businesses like UCHealth to hold off on mandates until the vaccination is fully approval by the U.S. Food and Drug Administration. COVID-19 vaccinations have only been approved by the FDA under emergency use authorization.

“From my standpoint, I don’t think it would be legal because the vaccines are not fully approved by the (Food and Drug Administration),” she said. “We are recommending that our clients wait. Opposed to mandating it, we are saying they should encourage it.”

Vaccine makers Pfizer and Moderna have applied for full FDA approval.

“It just makes sense for employers just to wait a couple of more months,” she said.

Boulder Chamber President and CEO John Tayer said he has not spoken with any local businesses that are mandating vaccinations other than at the University of Colorado Boulder.

“I know that others are considering it as an option for long-term protection,” he said.

Tayer added many businesses have also forgone their mask mandates if staff are vaccinated.

Rachel Stanford, Hotel Boulderado rooms division manager, said the hotel follows the honor system, allowing employees who say they have been vaccinated to work without masks. Unvaccinated employees are still required to wear masks.

“I don’t require proof; it’s just a verbal contract, but 99% of my staff were kind of chomping at the bit to get vaccinated,” she said. “We feel there are medical reasons as well as religion reasons for people to choose not to get vaccinated. It’s not for us to decide.”

Becki Ziegler, event coordinator at The Roost in Longmont, said the restaurant is also operating on the honor system regarding masks and has not mandated the vaccination.

“We are allowing our vaccinated staff to come to work without masks,” she said. “We like to trust our employees to be honest.”

Mary Ann Mahoney, CEO of the Boulder Convention & Visitors Bureau, said businesses are doing what they are comfortable with. She is glad to see life returning to normal this summer.

“I think that everyone is excited to see people come back,” she said. “I think that businesses have been struggling to find enough employees. As people got furloughed or laid off, finding people to fill those positions is pretty difficult.”