Question: We implemented a mandatory COVID-19 (coronavirus) vaccine policy for all employees. Some employees are refusing to produce proof of vaccination status because they believe they have the right to refuse under the Health Insurance Portability and Accountability Act (HIPAA). We’re a private employer operating a manufacturing facility. Does HIPAA apply to…
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President Biden announced three different federal COVID-19 (coronavirus) vaccine mandates on September 9, 2021, which may potentially affect Vigilant members. Many details have yet to be released, but here’s a summary of what we know at this point: Employers with 100 or more employees: The President is directing federal OSHA to draft an…
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The Oregon Health Authority (OHA) recently filed temporary regulations requiring workers in health care and school settings to obtain COVID-19 (coronavirus) vaccinations by October 18, 2021, or else provide documentation of an exemption due to disability or religion. We previously reported that Governor Kate Brown had announced that these workers…
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As some jurisdictions roll out mandatory vaccination against COVID-19 (coronavirus) for some workers, it’s important to keep an eye on requirements in your local area. Here’s a summary of where things stand as of today: Federal requirements: On July 29, 2021, President Biden announced that federal agencies must require federal contractors who work on site at…
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Governor Jay Inslee announced yesterday that all individuals, whether vaccinated or not, must wear masks when in an indoor public space beginning August 23, 2021, with limited exceptions. The Washington Department of Health responded by posting Order 20-03.4 (Face Coverings – Statewide). Significant work-related exceptions to this general requirement to wear…
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On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) revised its online publication, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, clarifying and building on its prior vaccination guidance (see our prior reporting on that guidance here). Although the EEOC didn’t…
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Understand how CDC’s relaxed mask guidance applies in your state On May 13, 2021, the Centers for Disease Control (CDC) announced that people who are fully vaccinated against COVID-19 (coronavirus) generally don’t need to wear masks or physically distance with a few exceptions, setting off a flurry of compliance questions for employers. Depending…
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Several important developments have recently occurred in Washington state. We're addressing the following topics in this post - find the full articles below. New law creates more pandemic worker protections. On May 11, 2021, Governor Jay Inslee signed ESSB 5115, the Health Emergency Labor Standards Act (HELSA), creating labor standards that automatically take…
Read More…Question: We’re offering workers a bonus if they voluntarily get a COVID-19 vaccination, but some workers say they don’t want to get it because of religious beliefs or disabilities. If we don’t pay those workers the bonus, are we liable for discrimination? Answer: Yes, but by adjusting your incentive plan, you can encourage…
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We recently expanded our model data privacy notice under the California Consumer Privacy Act (CCPA) of 2018 to include vaccination records and disclosures to third parties who have a business need to know the information. See our newly revised Model Form, Notice of Data Privacy for Employees and Applicants, for…
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