Testing will be it’s own prohibitive burden. You pay on your own Tinker Bell I Don’t Spook I Sparkle Shirt. If you miss once your company gets fined $14k and you prob lose a week of work. How many $14k mistakes can someone make and still keep their job? How much extra work can managers snd HR departments take before they start eliminating the problem employees? I think that’s because the government has created multiple, industry-specific definitions of “small business,” in federal regulations. IIRC, the Small Business Administration defines small business sizes using the North American Industrial Classification System, which produces a different 5-ish-digit code for each industry (e.g., logging, computer resellers, coin-operated vending machine repair, etc.).
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And it’s easier to use an existing definition in a new regulation than to Tinker Bell I Don’t Spook I Sparkle Shirt a new definition out of whole cloth. Why do they think Commerce Clause authority to do this stops at 100-employee firms? Some federal rules apply to businesses of 50 or more and some apply to all businesses. Honestly, they probably calculated what percentage of people would need to get vaccinated in order to put us at heard immunity levels, and then figured out what was the highest employee number they could do that would get them there in order to minimize smaller businesses from complaining too loudly that this was an undue burden on them.
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