Navigating the latest vaccination & workplace regulations

Gain insights into what the recently announced vaccine mandates mean for employers and how clients can keep track of changing guidelines.

“Employers can try to plan ahead by making some important decisions now, including whether they’ll allow testing in lieu of vaccination, how they’ll handle opt-out requests, and how they’ll track employee vaccination and/or testing status,” said Michael Brenner, of KPA. (Credit: Iakov Filimonov/Shutterstock)

The White House recently announced vaccination mandates for federal and health care workers, while the Department of Labor’s Occupational Safety and Health Administration (OSHA) has been tasked with developing emergency rules covering the private sector.

With the new rules from OSHA still pending, PropertyCasualty360.com spoke with Michael Brenner, environment, health and safety team supervisor at KPA, in advance to learn more about what commercial insureds can expect and how to best manage changing requirements.

“We’re focused on helping our clients keep their staff safe. In order to do that, we ensure that they understand the rules and regulations set forth by OSHA and other federal and state agencies to mitigate workplace incidents,” Brenner said. “Because a COVID-19 vaccine workplace standard will be enforceable by OSHA, we’ll work to ensure that our clients understand the standard when it’s available and that they’re compliant with its requirements.”

PC360: What do you think the recently announced White House mandates will mean for businesses?

Michael Brenner (Credit: KPA)

Brenner: This (White House vaccine) mandate applies to private employers with more than 100 employees, which means that approximately two-thirds of the country’s workforce would be included. Once the mandate is enacted, employers would have a designated window of time in which to achieve compliance. The mandate will be enforceable by OSHA, so employers that remain in non-compliance could risk some steep fines. Although OSHA may not have the resources to conduct inspections of every private business in the country, they would certainly act on employee complaints.

There may well be legal challenges to this mandate, which could delay its implementation. Affected employers will need to stay informed on these developments and be ready to act accordingly. Employers can try to plan ahead by making some important decisions now, including whether they’ll allow testing in lieu of vaccination, how they’ll handle opt-out requests, and how they’ll track employee vaccination and/or testing status.

PC360: In the interim, what should employers keep in mind when handling a mixed-vaccination-status workforce?

Brenner: For any company concerned about a mixed-vaccination workforce, they should always look to The Equal Employment Opportunity Commission for guidance. The EEOC says that employers can encourage or possibly require COVID-19 vaccinations, but they have to comply with the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964 (Title VII) and other workplace laws.

There are some instances where employees can be excused from workplace vaccination requirements. That includes employees with sincere religious objections or a disability. For union members who object to getting the COVID-19 vaccine, the employer may need to bargain and reach an agreement with the union.

Companies can take corrective action with staff who refuse to comply with workplace vaccine requirements — more specifically, it is legal to fire employees who choose to not get vaccinated and do not have a sincerely held religious belief or disability.

There are several things that companies can do to ensure their staff understands the importance of getting vaccinated against COVID-19, including:

But the most important thing for any company looking to vaccinate their workforce is to have leadership set an example by getting vaccinated first.

Companies should also pay attention to local and state employment laws, as well as federal laws, before making any decisions around vaccine requirements.

PC360: One common refrain throughout the pandemic has been the difficulty in keeping track of guidance and rule changes. What can employers do to stay on top of these things?

Brenner: As we learn more about COVID-19 and the effectiveness of vaccines, it’s natural for guidance to change. In order to stay on top of these changes, employers should do a number of things:

  1. Figure out who your federal, state, and local environment, health and safety (EHS) representatives are. Some state and local EHS agencies offer free consultation services to small businesses.
  2. Appoint a safety manager at your company who is solely responsible for workplace safety and keeping track of the changing local, state, and federal EHS regulations and CDC guidelines. They should sign up for OSHA newsletters and keep an eye on the news for updated guidance.
  3. Software can be a life-saver when it comes to EHS compliance. EHS software makes it much easier to keep track of changing regulations, log workplace incidents and inspections, and keep track of COVID-19 safety training.
  4. Implement a culture of safety at your company. Companies that proactively put safety first and weave safety into their core values and everything they do are more likely to take the steps needed to comply with changing COVID-19 guidance (and stay out of trouble with OSHA).

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