LMVT’s Headlines: COVID Guidance from OSHA and Advice on Mandating or Encouraging COVID Vaccination

February 4, 2021   Written by:   Filed under: Breaking News

OSHA ISSUES COVID-19 GUIDANCE

Prompted by an Executive Order from President Biden on his second day in office, the Occupational Safety and Health Administration (OSHA) has issued guidance to employers on protecting employees from the risk of COVID-19 infection in the workplace. The guidance does not create any new legal requirements for employers, but outlines what OSHA recommends as appropriate safety measures.

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VOLUNTARY OR MANDATORY VACCINATION?

Employers may want to implement a mandatory vaccination program to reduce the risk of absenteeism and exposure to third parties, such as customers and patients. Employers generally have that right. Two legal exceptions are under the American with Disabilities Act and Title VII religious accommodation.

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EEOC PROPOSED WELLNESS PROGRAM REGULATIONS:  WILL THEY COME TO FRUITION? WHAT WOULD BE THE EFFECT ON VACCINATION INCENTIVE PROGRAMS?

On January 7, 2021, the EEOC announced that it had sent Notices of Proposed Rulemaking (NPRMs) on wellness programs under the ADA and GINA to the Office of Management and Budget to publish in the Federal Register. As of the date of this writing, these notices have not yet been published in the Federal Register. If they are, the public will have 60 days to comment.

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