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PAGE 20 / NATIONAL CLOTHESLINE / JANUARY, 2021

KEEP IT LEGAL BY FRANK KOLLMAN

Expect COVID-19 to complicate 2021

t appears that COVID-19 not planning to get the vaccine charge may be justified. the employees who have by legislation.
will still be a major story in when available. Whether an Employers can adopt and tested positive. If employees Staying on top of Covid re-
I2021. While vaccines started employee refusal is grounds enforce other Covid precau- “guess” who tested positive, quirements can be difficult, but
to appear before the end of for discharge will depend on a tions (masks, hand washing, that's OK. It is just that laws there are resources. A good

2020, it will be June or later be- number of factors. If a business social distancing, reporting of like the ADA and Genetic In- place to start is the Center for
fore the general population can show that the vaccination symptoms, etc.) with less con- formation Nondisclosure Act Disease Control. The Depart-
starts to get inoculated. Will is a necessary job requirement cern. In fact, in some states, make health information con- ment of Labor has information
you be requiring your employ- (probably easy to do given such precautions may already fidential. on Covid leave, and OSHA of-
ees to get vaccinated? What if fers workplace guidance,
they refuse? Do you plan to Will you be requiring your employees to get https://www.osha.gov/SLTC
get one? /covid-19/standards.html.
While this could change, it vaccinated? What if they refuse? But be wary of an oversup-
is unlikely that federal, state, ply of information. The Hock

or local government will man- Principle states: Simple, clear
date vaccinations beyond pub- death rates and quarantine re- be required by order or legisla- Testing for all employees purpose and principles give
lic schools, health care quirements), then the reason tion. It is likely that President and quarantines may be re- rise to complex and intelligent
facilities, nursing homes, and for the refusal becomes para- Biden will use the Occupa- quired, if not good practice. behavior.

perhaps their own employees. mount. If the refusal is reli- tional Safety and Health Ad- Unfortunately, the latency pe- Complex rules and regula-
Private employers will get to gious-based or based on real ministration (OSHA) to make riod between exposure and a tions give rise to simple and

decide whether they want to medical concerns (like an al- workplace requirements na- positive test result could be stupid behavior.
mandate employee vaccina- lergy), there may be an obliga- tionwide. Currently, the obliga- nearly a week. Whether cus-
tions. Most will encourage em- tion to accommodate. If the tions of employees are different tomers must be notified is less Frank Kollman is a partner in the
law firm of Kollman & Saucier,
ployees to get a shot (or two), refusal is out of fear of the vac- from state to state because po- clear and may depend on state PA, in Baltimore, MD. He can be
but fall short of requiring cine, discipline is more sup- lice powers are more a local negligence law. reached by phone at (410) 727-
them. If a company decides to portable. An accommodation concern than a federal one. If employees were practic- 4300 or fax (410) 727-4391. His
mandate the shots, it must be could be removing the em- Generally, employers ing good Covid hygiene in the firm’s web site can be found at
prepared for one or more em- ployee from other employee or should report cases of em- workplace, there is probably www.kollmanlaw.com. It has ar-

ployee refusals. A report re- customer contact, but if you ployee Covid to other employ- no need to tell customers, but ticles, sample policies, news and
cently said that over half of can demonstrate that accom- ees with whom they have had some states are considering ad- other information on em-
first responders in NYC were modation is unreasonable, dis- contact, not actually naming dressing notice requirements ployee/employer relations.

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