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 37 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 37 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.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- 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.
- 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.
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.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 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 PC
- Attorney and certified safety professional, represents employers nationwide in OSHA, MSHA, and DOT matters
- Professor of employment law at University of Colorado
- Frequent national speaker on workplace safety and health issues and substance abuse management, Avetta Fellow, NSC DSSA Recipient
- Co-author of ASSP textbooks, including Safety Professionals’ Handbook
- Active member of ASSP and National Safety Council, American Bar Association
- Admitted to multiple federal and state bars, including the U.S. Supreme Court
- J.D. degree, George Washington University National Law Center; B.S. degree, University of Maryland, College Park
- Can be contacted at [email protected] or 301-613-7498
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Why Lorman?
Over 37 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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