On 8 December 2020, the United Kingdom became the first Western nation to vaccinate patients against COVID-19. In addition, the Food and Drug Administration concluded in a detailed analysis that the first COVID-19 vaccine being considered for distribution in the US "met the prescribed success criteria" in a clinical study, paving the way for the agency to spread the green light as early as this weekend. .
Although the vaccine will not be available to citizens in general until 2021, employers have begun to address the issue of compulsory vaccination as a work requirement or terms of employment. At present, no law, regulation or other guidance deals directly if employers can require their employees to receive a COVID-19 vaccination. The idea is not new; Many healthcare professionals are currently required to receive certain vaccinations as a condition of their employment.
The EEOC updated its pandemic preparedness on workplace guidance on 19 March 2020 to address the COVID-19 pandemic which advises employers to "follow guidance from the CDC as well as state / local public health authorities." In particular The CDC has issued guidelines recommending influenza vaccination for critical industries during a pandemic.
It is likely that the EEOC will issue updated guidance to address the issue of COVID-19 vaccinations in the workplace in the near future. In addition, there are currently discussions within the state government on how to address this issue in the state legal context. Before any action is taken, it seems that employers can demand that employees receive vaccinations when they are available, subject to the restrictions identified by EEOC and OSHA .
As the situation for pandemic vaccines ext. Disgusting and evolving, R&R Insurance will continue to monitor new laws and guidelines from federal and state agencies and continue to keep you informed. Employers should weigh the legal exposure and other risks associated with all mandatory vaccination programs and assess whether the voluntary vaccination option may be a better option based on the nature and needs of their business. You can read more in the client advice from von Briesen & Roper.
Visit our website COVID-19: Business Recovery Resources for the latest information and quick references on various industries with guidelines and considerations to get back to full operation. And visit our R&R Coronavirus Resources website for future updates and resources.
Contact your R&D representative if you have any questions.