County preps for an OHSA ruling

If a federal vaccine mandate gets put in place, the county will be ready.

Jay County Commissioners were reminded Monday of the upcoming Jan. 10 deadline for the United States Occupational Safety and Health Administration’s vaccine mandate. County auditor Anna Culy noted that if the mandate follows through, she will have materials and information ready for commissioners to enact.

The rule published by OSHA on Nov. 5 states businesses with 100 or more employees must require coronavirus vaccinations or, for the unvaccinated, weekly testing and a mask mandate. On Dec. 17, a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati ruled 2-1 that the vaccine or testing requirements at larger companies could take effect. The case for a vaccine mandate next moves to the U.S. Supreme Court on Jan. 7.

According to OSHA, the mandate will go into effect Jan. 10.

Commissioner Chad Aker expressed his disagreement with enforcing a vaccine mandate. 

Culy pointed out the county would fall under OSHA’s mandate requirement because it employs roughly 160 full-time workers, meaning it may not have a choice in the matter.

Aker noted there are medical and religious exemptions for the rule. If the county is federally required to enforce a vaccine mandate for its employees, he added, unvaccinated workers can opt for weekly testing.

The court’s decision next week may change the mandate requirement, Culy said, but she added the county should be prepared to implement a plan just in case. Culy told commissioners she will gather information for the next meeting Jan. 10.

Also Monday, commissioners requested Hope Confer of Jay County Country Living — it was formerly known as Jay County Retirement Center — begin pursuing funds owed by previous and current residents.

Overall, roughly $250,000 is owed to Jay County Country Living in rent. That includes rent from former residents, several of whom are now deceased, and rent from some current tenants.

Confer explained several of the previous residents have been on the debt list before she took over as director. Other more recent debts are supposed to be paid for through programs such as the federal Supplemental Security Income (SSI) or state Residential Care Assistance Program (RCAP). She noted applying for and receiving funds from the programs can take several months.

Jay County Country Living does not require a lease agreement with tenants.

Culy suggested writing off some of the older bills that are no longer collectible — such as those owed by the deceased — in order to make bookkeeping easier. She cited an ordinance from 2019 that requires the bill to be less than $10,000 and more than four years old.

Some of the bills owed are more than $10,000. County attorney Bill Hinkle noted commissioners may need to make a special exception in order to clear them from the books. 

Commissioners suggested Confer set up payment plans for the outstanding debt. Hinkle noted he will work with Confer on drafting lease agreements for future residents.

County highway superintendent Donnie Corn shared that diesel exhaust fluid used by highway vehicles, such as snow plows, may be difficult to obtain in coming months. (The liquid used for emissions control is required by Environmental Protection Agency standards. It is mainly imported from China.)

Corn noted the county has enough supply for a few weeks — he estimated one truck uses about 13 gallons of the liquid over a two-day period — but expressed concerns about finding more for the approaching winter weather.

“This winter could be pretty bad, not just for Jay County, but (also) for other counties,” he said.

In other news, commissioners Chad Aker, Brian McGalliard and Rex Journay:

•Signed an ordinance vacating bridge 134, which crosses the Salamonie River on county road 200 West just north of U.S. Aggregates and an additional 80 feet to the north of the bridge. (U.S. Aggregates plans to repair the bridge and use it to transport material from its new site rather than using Indiana 67.)

•Heard from Jay Emergency Medical Service directors Gary Barnett and John McFarland, who said the department’s total income this year will likely surpass figures from 2020 by about $46,000. As of Monday, Barnett added, JEMS has made 2,930 ambulance runs this year.

•Signed an agreement with Jay County Solid Waste Management District for the purchase of a new cargo trailer and lease agreements with Schoenlein Brothers of Portland for 258 acres and Muhlenkamp Custom Operations of Portland for 23 acres of farm ground near Jay County Country Living. About 11.93 acres of available pasture in the area have not yet been leased. (No party bid on a lease for the property.)

•Spoke with Kevin Green of JEMS. Green said he worked in environmental management for the state for more than 20 years. He expressed a desire to educate commissioners about wastewater treatment in agriculture, specifically in confined feeding operations, and he offered himself as a resource for learning how to reduce environmental impact as well as reduce odor produced by such facilities.