Understand the laws impacting mandatory COVID-19 vaccination and testing programs and the key issues to consider when structuring a program.
COVID-19 vaccinations and boosters are now increasingly required for employees, and while employers are anxious to have a vaccinated workforce in order to avoid future closures and outbreaks, OSHA's upcoming emergency standard requiring most employers to mandate either vaccines or tests complicates the issue and raises the specter of $136,532 penalties per affected worker. This topic will address the legal complexities on structuring mandated vaccine programs under statutes administered by the EEOC, OSHA, and under collective bargaining agreements. The material will address worker resistance to mandated vaccination programs. The speaker will also review the various intertwining federal laws impacting mandatory workplace vaccination programs, ranging from the OSH Act, ADA, and Title VII to issues arising under collective bargaining agreements, wage and hour laws, FMLA, and state workers' compensation laws. This material will also outline key issues to consider when structuring a program, including on-site versus off-site, verification of vaccination status in light of both HIPAA and GINA, which refusals are protected, and what elements are needed to assert the direct threat to safety affirmative defense. The new EEOC policy declaring "Long-COVID" to be recognized as a disability under the ADA will also be addressed.
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Why Lorman?
Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Overview
- Overview of Issue
- Vaccine Basics - Initial and Booster Issues
- Key HR and Other Issues
EEOC Guidance on Mandatory Vaccines and Employment Law Issues
- Biden Executive Orders on COVID-19 and OSHA Emergency Standards
- Religious Belief Exceptions and Reasonable Accommodation for Vaccines
- ADA and GINA Issues, Reasonable Accommodation and Direct Threat to Safety Defense, EEOC Policy on Long-COVID
- Vaccines, Overtime Pay, and FMLA Leave
OSHA ETS on Vaccines/Testing and Workers' Compensation Implications
- Worker Right of Refusal Under NLRA
- Issues of Vaccine Administration by Employer and Workers' Compensation
- Employer Vaccine Incentive Programs and OSHA
Best Practices and Solutions
- Best Practices for Addressing Employee Vaccinations for COVID-19
- Employment and OSHA Solutions
- Conclusion
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Why Lorman?
Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on November 29, 2021.
Call 1-866-352-9540 for further credit information.
- ASA 1.0
- This program qualifies for 1.0 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected] Please retain proof of attendance in the event your CE record is audited.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.2
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.2 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- ND CLE 1.25
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.25 hours of CLE credit.
- NH MCLE 1.2
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 72 Minutes.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.25
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.2
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours.
HR Certification Institute 1.25
- This E-Learning program has been approved for 1.25 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
SHRM 1.0
- Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- NJ CLE 1.2
- VT CLE 1.0
- WA CLE 1.0
- WV MCLE 1.2
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Adele L. Abrams, Esq., ASP, CMSP
Law Office of Adele L. Abrams P.C.
- President, Law Office of Adele L. Abrams P.C.
- Represents employers in OSHA, MSHA, and other regulatory and employment law matters
- Instructs on employment law at University of Colorado and Catholic University of America; regular speaker at conferences of NSC, ASSP, and various trade and bar associations
- Co-author of textbooks: The Safety Professional’s Handbook and Construction Safety Management & Engineering (both published by ASSP)
- Member of NSC, ASSP, SHRM, American Bar Association, and a number of professional groups in mining and construction
- Admitted to practice before multiple state bars, federal courts, and the U.S. Supreme Court
- J.D. degree, George Washington University; B.S. degree, University of Maryland (in College Park)
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Why Lorman?
Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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