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*UPDATED JANUARY 19TH, 2022*
In January, the Supreme court ruled to block the OSHA Emergency Temporary Standard (ETS) announced by the Biden administration back in November. However, some employers are still deciding to mandate the vaccine or a testing requirement on their own. See the steps below for establishing a vaccine mandate or test policy.
In January, the Supreme court ruled to block the OSHA Emergency Temporary Standard (ETS) announced by the Biden administration back in November. However, some employers are still deciding to mandate the vaccine or a testing requirement on their own. See the steps below for establishing a vaccine mandate or test policy.
Five Things Employers Can do to Prepare a Vaccine Mandate-or-test Policy
Five Things Employers Can do to Prepare a Vaccine Mandate-or-test Policy
1. Collect employees’ vaccination status
1. Collect employees’ vaccination status
Method #1: Track vaccination statuses internally.
Things to consider: Who will do it, how is information stored and shared?
Method #2: Purchase an external software system.
There are software systems available for purchase to help employers track vaccinations and weekly tests.
Examples of software systems we at Edify have researched include Unum and Return Safe.
For more details on choosing tracking software and how to remain compliant, check this link out.
2. Draft a policy
2. Draft a policy
Decide which type of policy your organization wants to implement. Some employers choose to mandate the vaccine as a requirement of employment, while others allow unvaccinated employees to wear a mask and test weekly.
OSHA templates for mandatory vaccination policy or test and mask policy can be found here.
To find templates, go to the link. Under Implementation you will see Policy Templates with options to click Mandatory Vaccination sample or Vaccination or Testing and Face Covering Sample.
Please note, these templates apply to the ETS that was established, so language may need to be altered to reflect your organization’s decisions.
3. Draft a testing protocol (if applicable)
3. Draft a testing protocol (if applicable)
Decide how, when and where employees will test. In addition, consider if employees will test on-site, off-site, or at home.
Decide if employees will be paid for time spent getting tested.
Check with your legal counsel. Some legal experts suggest that the safest route is to pay for the time. Generally, time spent by employees receiving employer- required tests is treated as compensable.
Decide who pays for the test.
Most insurance carriers cover the cost of medically necessary Covid-19 tests that are used for diagnostic purposes but are not paying for tests that are used for surveillance purposes.
Employers may pay for tests, or they may pass the cost off to employees.
See links below for coverage details on Covid-19 tests.
Consider what types of tests employees can take.
A qualified test is usually:
Cleared, approved, or authorized, including in an Emergency Use Authorization (EUA) by the U.S. Food and Drug Administration (FDA) to detect current infection with the SARS-CoV-2 virus (e.g. a viral test)
Administered in accordance with the authorized instructions.
Not both self-administered and self-read unless observed by the employer or an authorized telehealth proctor.
4. Train employees on relevant processes and policies
4. Train employees on relevant processes and policies
Communicate to employees that the vaccine is covered at 100%.
Make sure processes and policies are readily available to all employees.
Create a thoughtful and empathetic communication plan. This can be the difference between confusion or resistance and understanding and adoption. Follow these steps for an effective communication plan.
Lead with facts but anticipate emotion. Provide employees with reliable information from trusted public health resources.
Leverage leaders and other “influencers”. Who do your employees respect and listen to? Ask them to share their vaccination experiences and why they’ve chosen to receive the COVID-19 vaccine.
Connect back to existing pandemic-focused channels. If you have established consistent sources of information—such as a designated website, regular leadership updates or town hall style meetings, use these familiar channels to explain the company’s position and how that aligns to other messages employees have received all along.
5. Review exemption and termination policies
5. Review exemption and termination policies
Follow the steps below to handle an employee's accommodation request to be exempt from the vaccination requirement. Click here to learn more about each step.
Step 1: Determine whether the employer is covered by the ADA and Title VII
Step 2: Ensure that a policy and procedure exist for handling accommodation requests.
Step 3: Review requests for exemption from the vaccine requirement
Step 4: Initiate the interactive process
Step 5: Determine whether the employee has a disability under the ADA. (For medical accommodation requests only)
Step 6: Determine whether the employee has a sincerely held religious belief. (For religious accommodation requests only)
For more details about religious exemptions, check out this press release from EEOC
Step 7: Determine if the accommodation poses a direct threat or creates an "undue hardship"
Step 8: Notify the employee
Develop termination policies and disciplinary action policies for employees who do not comply with the established rules.
If you have specific questions, check this out these comprehensive FAQs.
Please note: These FAQs pertain to the ETS, but may still be helpful guidance for issuing a policy.
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