By: Bill Passarotti, SVP, HUB International Northeast As the COVID-19 vaccine becomes more widely available and distribution progresses, there is a light at the end of the tunnel with a focus on rebuilding. At the same time, employers are tasked with assessing and/or developing a vaccination policy and plan, and learning about the implications pertaining to employment law, compliance, employee well-being and education. Developing a COVID-19 Vaccine Program Successful vaccination programs combine marketing with education to reduce fears and misconceptions. As the vaccines become more accessible, employers have a responsibility to address employee concerns. Organizations can compare COVID-19 vaccination program development to mandated influenza vaccination programs for healthcare workers. Since 1984, the CDC has recommended that all healthcare workers be immunized against influenza. Vaccination rates of at least 80% are needed to prevent infection. While many cases of serious illness and death from COVID-19 occur primarily in older, high-risk individuals, people of any age who have underlying medical conditions are at increased risk. To improve vaccination rates among employees, it is recommended that employers implement the following strategies:
Leadership’s support of vaccination programs and campaigns is extremely important to program success. A company’s leaders can ensure policies are in place, reduce or eliminate barriers to access and implement a culture in which the vaccination is an expected safety and risk mitigation measure. Despite national and international medical recommendations for vaccinating workers, voluntary efforts to vaccinate in healthcare settings have historically been poor. For this reason, some employers may consider requiring their workers to be vaccinated, so long as the requirement accounts for employee protections under federal law. Vaccines & Employment Law Employer-driven vaccination programs require a thorough understanding of employment law, compliance, employee well-being and education. As a general rule, employers, under certain circumstances, may require employees to receive the COVID-19 vaccine. However, there are specific and certain limitations. Primarily, employer vaccination policies are subject to two significant federal laws, The Americans with Disabilities Act (ADA) and Title VII of the Civil Rights act of 1964 – Religious Discrimination, among other legal considerations, such as protections for pregnant employees (with respect to the Pregnancy Discrimination Act or PDA) and Health Insurance Portability Accountability Act (HIPAA) requirements. Building a compliant vaccination program is complex and filled with a myriad of legal risks and pitfalls. It is strongly recommended that employers work with outside counsel when building an employer vaccination program. Workers’ Compensation What happens if an employee experiences a medical complication from the vaccine that was either offered or required by the employer? Under certain circumstances, an employee’s medical complications associated with the vaccine may be deemed compensable and covered by the employer’s workers’ compensation (WC) insurance. Generally, an injury may be compensable when a claimant can demonstrate that the injury can be attributed to some event or circumstances connected with work. An employee who receives the vaccine while at work may be able to demonstrate that the medical complications were “in the course of employment in the sense of continuity of time, space, and circumstances.” Employers should check with their insurance advisor regarding their WC coverage to better understand the compensability of medical complications associated with the COVID-19 vaccine in their state. Since the very start of the pandemic, leading global insurance brokerage, HUB International, has continued to put out timely content to educate our clients on the rapidly evolving COVID-19 information, whether it be safety best practices or vaccine considerations for employers. Please visit HUB’s COVID-19 Resource Center for a plethora of resources to help you prepare and protect your business and employees: www.hubinternational.com/coronavirus Watch HUB’s On-Demand Vaccine Webinar Series to learn more:
CIANJ member, Bill Passarotti, currently serves as Senior Vice President with leading global insurance brokerage, HUB International. Based out of Summit, NJ, Bill works with businesses in a wide variety of industries on custom-tailored, comprehensive risk & insurance solutions. He can be reached at 908-666-6200 or [email protected]. For the latest information, guidance and resources on COVID-19 to help you protect what matters most, please visit www.hubinternational.com/coronavirus.
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