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Verifying Vaccination Status: What Employers Need to Know

The US Centers for Disease Control and Prevention (CDC) recently offered employers leeway to relax safety rules for fully vaccinated workers. However, experts say that validating who is vaccinated is rife with potentially costly missteps. In an article published in Law360, McDermott partner Michelle S. Strowhiro said employers must be careful not to ask follow-up questions unless they are implementing a mandatory policy or “taking a position that vaccination status is job-related and consistent with business necessity.”

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OSHA’s COVID-19 Requirements for Healthcare Employers Take Effect

On June 21, 2021, the US Occupational Safety and Health Administration’s (OSHA) long-anticipated Emergency Temporary Standard (ETS) for COVID-19 requirements in the healthcare industry went into effect. Most of the requirements must be followed by July 6, 2021; the remainder (on implementing physical barriers, improved ventilation systems and employee trainings) must be implemented no later than July 21, 2021, according to McDermott’s Abigail M. Kagan and Michelle S. Strowhiro. OSHA’s COVID-19 safety requirements are workplace-specific. Employers who have some employees working in a patient setting and other employees working in a corporate setting may need to follow the requirements only for the patient-based setting.

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