In the current legal climate, employers must have a vaccination policy in place to protect themselves against potential liabilities, even if their policy is to do nothing with respect to vaccination. In the age of COVID-19, it is no longer a question of whether to have such a policy, but of when and how to implement one. Existing vaccination policies also need to be regularly evaluated to ensure compliance with the changing requirements of federal law in light of the pandemic.
Vaccination policies can implicate a wide range of regulatory regimes, including
- Occupational Health and Safety Act (OSHA)
- Title VII of the Civil Rights Act of 1964
- Americans With Disabilities Act (ADA)
- Fair Labor Standards Act (FLSA)
- National Labor Relations Act (NLRA)
- Health Insurance Portability and Accountability Act (HIPAA)
- Employee Retirement Income Security Act (ERISA)
- Genetic Information Nondiscrimination Act (GINA).
Each policy and practice must be examined to prevent unintended consequences from arising under applicable statutes and regulations.
We help employers maximize compliance, and minimize liabilities. Contact us for vetted policy provisions and practices that meet the best standards of the industry, or for a review of your existing policies, practices, and procedures.
An effective vaccination program requires forms that are both effective for the employer and compliant with laws and regulations. We help employers with the design of compliance, exemption, and waiver forms that deal with common issues including:
- How to provide employees with a simple and straightforward way to inform employers of their vaccination status, or of their intent to not be vaccinated
- What information must be provided to the employer by the employee seeking an exemption from a vaccination mandate that legally supports a decision by the employer to provide such an exemption
- How to obtain necessary information while avoiding questions that would violate employee privacy rights
- In the case of non-vaccinating employees, what language is required under state law for waiving their entitlement to Worker’s Compensation for injuries caused by employment-related exposure to COVID-19
Are you prepared to handle the range of issues that can arise in the course of carrying out your vaccination policies? What is the proper course of action when an employee objects to vaccination? What are critical elements to include in a vaccination program? How to respond to reported adverse events following vaccination?
We provide training ranging from one-on-one counseling, to group seminars and webinars. Contact us for training options tailored to the needs of your organization, so you can be prepared to address the challenges frequently seen in vaccination policy enforcement.