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Sponsored by Lorman Education
Product ID: 409343EAU
 
Credit & Course Provided by:

COVID-19 Vaccines & Workplace Complexities

OnDemand Webinar (72 minutes)

Understand the laws impacting mandatory COVID-19 vaccination and testing programs and the key issues to consider when structuring a program.COVID-19 vaccinations and boosters are now increasingly required for employees, and while employers are anxious to have a vaccinated workforce in order to avoid future closures and outbreaks, OSHA's upcoming emergency standard requiring most employers to mandate either vaccines or tests complicates the issue and raises the specter of $136,532 penalties per affected worker. This topic will address the legal complexities on structuring mandated vaccine programs under statutes administered by the EEOC, OSHA, and under collective bargaining agreements. The material will address worker resistance to mandated vaccination programs. The speaker will also review the various intertwining federal laws impacting mandatory workplace vaccination programs, ranging from the OSH Act, ADA, and Title VII to issues arising under collective bargaining agreements, wage and hour laws, FMLA, and state workers' compensation laws. This material will also outline key issues to consider when structuring a program, including on-site versus off-site, verification of vaccination status in light of both HIPAA and GINA, which refusals are protected, and what elements are needed to assert the direct threat to safety affirmative defense. The new EEOC policy declaring "Long-COVID" to be recognized as a disability under the ADA will also be addressed.

Authors

Adele L. Abrams, Esq., CMSP, Law Office of Adele L. Abrams P.C.

Agenda

Overview

• Overview of Issue

• Vaccine Basics - Initial and Booster Issues

• Key HR and Other Issues

EEOC Guidance on Mandatory Vaccines and Employment Law Issues

• Biden Executive Orders on COVID-19 and OSHA Emergency Standards

• Religious Belief Exceptions and Reasonable Accommodation for Vaccines

• ADA and GINA Issues, Reasonable Accommodation and Direct Threat to Safety Defense, EEOC Policy on Long-COVID

• Vaccines, Overtime Pay, and FMLA Leave

OSHA ETS on Vaccines/Testing and Workers' Compensation Implications

• Worker Right of Refusal Under NLRA

• Issues of Vaccine Administration by Employer and Workers' Compensation

• Employer Vaccine Incentive Programs and OSHA

Best Practices and Solutions

• Best Practices for Addressing Employee Vaccinations for COVID-19

• Employment and OSHA Solutions

• Conclusion