To date, approximately five million Ohioans have received at least one dose of the COVID-19 vaccine. Many employers are eager to have employees vaccinated and return to work, but vaccination opportunities for employees are often limited because vaccinations appointments are often restricted to “business” hours. Some employers are also considering the merits of mandatory vaccination programs and whether they are right for their workplace (see our January 2021 Blog for more on employer mandated vaccination programs and articles in this for Ohio-related information). As expected, federal agencies have begun issuing important guidance on these programs.
First, the CDC released guidance on employer workplace vaccination programs on March 25, 2021, which was soon followed by approval from the Ohio Department of Health (ODH) for employers to begin vaccinating people at work. Under the guidance from the CDC and approval from ODH, employers can now partner with certain enrolled providers to provide vaccinations either on-site at the employer’s facilities or at an off-site location. For on-site visits, a mobile vaccination clinic will be brought to the workplace, which is typically a good option for large employers with several hundred employees. For off-site vaccinations, employees will visit community vaccination clinics or off-site mobile clinics.
Following the CDC guidance, the Occupational Safety and Health Administration (OSHA) issued guidance on the reportability of adverse vaccine reactions. It should be noted that adverse reactions to any of the COVID-19 vaccines are extremely rare. However, if an employer requires an employee receive a COVID-19 vaccine, and the employee has a reaction that requires days away from work, restricted or light duty work, or medical treatment beyond first aid, OSHA states that the event is recordable on the OSHA 300 form. OSHA is not requiring employers to report adverse reactions if an employee receives a vaccine voluntarily during an employer-sponsored vaccination program described above.
Finally, the Equal Employment Opportunity Commission (EEOC) also issued guidance regarding COVID-19 vaccinations in the workplace on May 28, 2021. Employers expending funds and resources to set up workplace vaccination programs may want to implement incentives to ensure that employees use them. The EEOC guidance stipulates employers may offer an incentive to employees for voluntarily participating in such a program, but it cannot be so substantial as to be coercive. This is because employers administering vaccines must ask employees certain medical screening questions, which is protected personal medical information.
Workplace vaccination programs can be a great way to increase accessibility to vaccines and keep a workforce productive. However, employers should consider carefully whether making these programs mandatory or providing incentives is right for them before implementing any program.
The attorneys at Fishel Downey regularly advise employers on compliance with federal and state laws in the unique circumstances presented by the COVID-19 pandemic and will continue to offer up-to-date guidance. If you have a specific question or scenario, and would like assistance, contact one of the attorneys at Fishel Downey Albrecht & Riepenhoff LLP at 614-221-1216.