Page 16 - BusinessWest February 7, 2022

New Year, Same Virus
What Employers Should Know Entering Year Three of the Pandemic
By Alexander J. Cerbo, Esq.
As we enter a new year, our lives remain subject to COVID-19 and its variants. With cases surging across the country, vaccina- tion has become a thing of the past as booster shots have become all the rage. Tired, worn out, and frustrated with this seemingly never-ending pandemic, it is important that employers remain vigilant of important COVID-related updates which may impact their workforce and, ultimate- ly, their bottom line.
OSHA/CMS Litigation
At the end of 2021, the Occupational Safety and Health Administration (OSHA) and the Center for Medicare and Medicaid Services (CMS) issued vac- cine mandates that would have impacted nearly 100 million American workers. The OSHA mandate required employers with 100 or more employees to implement a written policy requiring vaccination or weekly testing. The CMS mandate would have gen- erally required vaccination of employees that work in healthcare facilities which receive Medicare and Medicaid reimbursement.
In a major win for businesses across the country, the Supreme Court issued a stay on the OSHA man- date, concluding that the agency overstepped its authority as COVID-19 is not strictly an occupational
hazard.
The Supreme Court’s stay is not a final ruling on
the topic. The OSHA mandate continues to proceed in the lower courts, and the court left the door open for narrower regulations. Also, the court did allow the CMS mandate to proceed. The
agency, in a recent memo, advised employers that their healthcare work- ers must be “fully vaccinated” (either two shots of the Moderna or Pfizer vaccines, or one shot of the Johnson & Johnson vaccine) by Feb. 28.
Vaccine Mandates
Besides OSHA and CMS, private
employers can implement their own
vaccine mandates if they wish. They may want to consider whether they want their employees to be ‘fully vaccinated’ as currently defined, or if they want their employees to be boosted as well. It may be advantageous for employers who wish to man- date vaccination to require booster shots. Early research suggests booster shots decrease the sever- ity of symptoms, allowing those who contract the virus to recover more quickly. This, in turn, will allow employees to return to work sooner. Some exemp- tions do apply, including religious objections or a
disability accommodation.
In addition, employers should continue to stay
abreast of any updates relating to state and federal employee/contractor mandates. Gov. Charlie Baker’s executive order issued last August, requiring all state
“It may be advantageous for employers who wish to mandate vaccination to require booster shots.”
employees to be fully vaccinated, remains in effect, as does the executive order issued by the Biden administration in September requiring vaccination for all federal contractors and subcontractors.
At-home COVID Tests and Healthcare Coverage
The U.S. Food and Drug Administration has just
Virus
Continued on page 42
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FEBRUARY 7, 2022
FEATURE
BusinessWest