INFO ON VACCINE MANDATES

INFO ON VACCINE MANDATES AS OF 1/19/22

Note: This information may be outdated the minute it is published but here goes...

1. Large employers (over 100 employees) at this time have NO Vaccine or Weekly Testing Mandate. You still have the general OSHA duty to keep employees safe. (Nothing for small employers at this time either.)

2. Federal employer vaccination mandate remains active, however federal contractor mandate is not active - see below.

3. Federal contractor - NOT active, nationwide injunction at this time - but you still have the general OSHA duty to keep employees safe.

• Preliminary Injunction Granted Nationwide: On Dec. 7, 2021,?the United States District Court for the Southern District of Georgia (Augusta Division) granted the state's motion to issue a preliminary injunction to temporarily stop the federal government from enforcing the mandate nationwide.?
• Preliminary Injunction Remains in Effect Nationwide: On Dec. 17, 2021, the United States Court of Appeals for the Eleventh Circuit denied the federal government's motion to stay the enforcement of the nationwide preliminary injunction. Therefore, the preliminary injunction remains in effect nationwide.?
• https://law.georgia.gov/resources/vaccine-mandate-litigation

4. Healthcare employers: If you do not accept Medicare or Medicaid, you do NOT have a vaccine mandate, but you still have the general OSHA duty to keep employees safe.

5. Healthcare employers/ CMS: If you accept Medicare or Medicaid (CMS-covered facilities), you now have a vaccine mandate, plus PPE and recordkeeping. You must allow 2 exceptions by Federal law, 5 for Florida Law (check on other states). If employees do not meet an exemption and choose to not get a COVID vaccine, they cannot work for you as you may lose your CMS status.

Additionally, OSHA is requiring medical removal protection benefits to be paid by healthcare employers that have more than 10 employees. This means if a worker is exposed, you have to remove them, pay for their testing and pay them while they get tested, recover.

I anticipate there will be updated dates and websites (they look outdated as of today) soon but here is some info below.

Paid Medical Recovery for healthcare workers

Go to #73 - ?Medical removal protection (MRP) benefits https://www.osha.gov/coronavirus/ets/faqs

(less than 10 employees = still need to remove but you do not have to pay).

Recordkeeping/ log/ PPE for CMS healthcare employers

You have to do recordkeeping (log) and PPE. Here is the COVID Log that you still need to maintain. https://www.osha.gov/sites/default/files/publications/OSHA4130.pdf

Actions for exposed healthcare workers:

1. You have to provide testing to healthcare workers at no cost to them. At-home tests are cheap and fast but pretty much out of stock right now. Starting in January, over-the-counter?COVID-19?test kits?will be available for?free?to everyone: no clue how to get them yet. Stay tuned!
2. Notification Removal and Return to Work Flow Charts https://www.osha.gov/sites/default/files/COVID-19%20Healthcare%20ETS%20Notification%20Removal%20and%20Return%20to%20Work%20Flow%20Chart%20-%20Employer.pdf

• NOTE: This flowchart does not appear to be updated to match the new CDC 5 day quarantine guideline or the footnote which refers to mandatory medical removal benefits (ie: paid COVID sick leave) for employers who have more than 10 employees. That mandate was part of the ETS which was withdrawn. Also, note that there is no more government reimbursed COVID sick leave – it ended in Sept 2021. I still recommend paying for their leave because it is hard to find/ keep healthcare staff.

Exceptions for vaccine mandate :

Florida employees have 5 exceptions to this vaccine mandate – links below for forms. Remember that you can always require employees to wear a mask with or without the vaccine or an exception. Check your state laws.

1. Medical Exemption from COVID-19 Vaccination – all states
2. Religious Exemption from COVID-19 Vaccination – all states
3. Exemption from COVID-19 Vaccination Based on COVID-19 Immunity - Florida
4. Exemption from COVID-19 Vaccination Based on Periodic Testing - Florida
5. Exemption from COVID-19 Vaccination Based on Employer-Provided Personal Protective Equipment - Florida

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