Sunday, January 9, 2022

Unless The Supremes Step In Tonight, Or In The Morning -- All Employers With More Than 100 Employees Must Inform Employees TOMORROW...


. . .nation-wide, employers must inform employees starting tomorrow as to which policy the employer intends to adopt, to comply with OSHA's new standards, in workplaces.

Many employers have already put out "company wide" emails and memos, electing one or the other. But tomorrow promises to be hectic, as the government has said starting tomorrow, it will begin to enforce the rules. It may call and ask, as to which option has been chosen, by a given employer, nationwide -- and ask for evidence that the company has reasonably informed employees about how to comply, with specificity.

In the case of companies choosing the first option -- univcersal vaccination, it would be presumptively good enough, to have each employee produce an orginal vaccine card, not a copy -- and let the empoyer place a copy in the employee's private health benefits file (on paper or electronically). For those choosing option two, it seems proof of testing may require the tests be done on site (or at least under employer-contracted supervision, so as to truthfully be able to report to OSHA by February, if asked).

. . .The Standard generally requires employers with 100 or more employees to implement a written policy that requires either (1) all employees to be vaccinated against COVID19 or (2) employees who are not fully vaccinated to wear masks and supply proof of a negative COVID-19 test at least once every seven days when working with others in indoor settings, with appropriate exceptions (such as for employees entitled under federal law to religious accommodations) under both options. . . .


I would expect that most will choose the vaccination route, as it will minimize the personal injury / unsafe workplace suits, from employees who claim that co-workers gave them COVID, and OSHA had given the employer "cover" -- for demanding vaccinations. If the employer did not do so, that might amount to. . . negligence.

Me? I am happy to be more in a quandary. . . about the temperature of the Olympic-sized pool water tomorrow (70 plus degrees by noon here), than whether any client of mine will find themselves neck deep in hot OSHA-waters.

[I am (still) "haunted by waters", though -- nonetheless.] Be excellent to your fellow workers -- get vaccinated, and volunteer to let your employer / HR team lead know. . . about your status.

नमस्ते

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