Labor Week: Vaccine Mandate Debate, OSHA Safety Standards, Pregnancy Accommodation and More

EUA Status of COVID-19 Vaccines Unlikely to Hinder Employer Mandates:

Although employers seem to be leaning toward encouraging their workers to get vaccinated for COVID-19 over requiring them to do so, the very real prospect of such mandates has sparked a flurry of debate on social media as well as a number of lawsuits.

Much of the discussion and legal action has revolved around the question of whether or not it’s legal to mandate vaccines that have only received Emergency Use Authorization rather than outright approval by the U.S. Food & Drug Administration.

Erik Eisenmann, a partner at the legal firm of Husch Blackwell who specializes in employment law, said, “I am not aware of any court or agency at the state or federal level that has held that the Emergency Use Authorization language prohibits an employer from enforcing a vaccine mandate.”

Nicholas Bagley, a professor at the University of Michigan Law School, likewise, said the EUA “argument looks good for about a half-second, and then, as soon as you start digging, it starts to look much, much worse.”

But Bagley also said the strong political opinions about vaccination could lead to some unexpected legal decisions.

“I would expect that we see some case law fairly quickly,” he said. “But once political sympathies are engaged, it just becomes a whole lot harder to predict.” (INSURANCE JOURNAL)

WA Gov Changes Employer Obligations for High-Risk Workers:

Washington Gov. Jay Inslee (D) has amended the executive proclamation he issued and extended last year concerning workplace protections for high-risk workers during the coronavirus pandemic. The three main changes to Proclamation 20-46 will allow employers to require medical verification from employees availing themselves of the workplace protections; allow employers to terminate health coverage under certain conditions, and require employers to provide written notice of any workplace accommodation changes at least 14 days before making them. (SHRM, JACKSON LEWIS)

KY Brings Occupational Safety Standards in Line With OSHA Rules:

Kentucky is currently one of 28 states allowed by the federal Occupational Safety and Health Administration (OSHA) to set their own occupational safety and health standards and one of just a few that have adopted standards stricter than federal regulations. But under legislation (HB 475) enacted in March and taking effect on July 2, the Kentucky Labor Cabinet’s Department of Workplace Standards, Division of Occupational Safety and Health (KOSH) will no longer be allowed to adopt or enforce standards that are more stringent than the corresponding federal ones. (SHRM, STATE NET)

IN Enacts Pregnancy Accommodation Bill:

Indiana Gov. Eric Holcomb (R) signed legislation (HB 1309) last month allowing pregnant workers to request an accommodation from their employers. The new law will apply to businesses with 15 or more employees and will take effect on July 1. (SHRM, STATE NET)

-- Compiled by KOREY CLARK