What to know about the COVID-19 vaccine
Since first authorized in December, millions of Americans have rolled up their sleeves to receive the first approved immunizations against COVID-19.
As part of President Donald Trump’s Operation Warp Speed, the FDA granted an emergency use authorization (EUA) to both Pfizer/BioNTech and Moderna to start administering their vaccines. Pfizer’s clinical trial results showed the first approved vaccine to be 95 percent effective at preventing illness caused by the coronavirus, while Moderna claimed 94 percent efficacy. The full dose of each vaccine requires two shots given 3-4 weeks apart and are for individuals ages 16 and older.
Once health care personnel and residents of long-term care facilities have received the vaccine, people in essential industries — including construction workers — are expected to be next on the list of those who can receive it early.
“Throughout the pandemic, the construction industry remained essential and we’ve done everything we can to keep our workforce safe and healthy so they can meet the demands of the job,” said Tony Adolfs, SMACNA Greater Chicago Executive Vice President. “When a vaccine becomes more widely available to the general population, we’ll encourage members to do what they feel is best for themselves and for their companies.”
Communities rely on a safe and healthy construction workforce to deliver essential goods and services. By encouraging vaccination, contractors may be better equipped to stay on track with projects throughout the coming year.
Individuals who have been vaccinated against COVID-19 should still practice social distancing, wear a mask in public and continue frequent hand washing. Questions about getting the vaccine? Be sure to talk to your doctor.
Can employers mandate the vaccine?
Although it’s safe to say the majority of us are ready to return to a more normal work environment, the recent rollout of approved vaccine options has given us more questions than answers.
Most employers are eager to get their teams back to work and start building their businesses to reach pre-COVID levels. But at what cost? The vaccines — currently our leading defense against the virus — have brought up issues and considerations for employers to be aware of, including questions about the applicability of a variety of equal employment opportunity laws.
Mandating the COVID-19 vaccine
The Equal Employment Opportunity Commission (EEOC) states that employers can require employees to get vaccinated, but there are several issues to be aware of, including:
- Accommodations for employees who have a medical disability where the vaccine could pose a threat to their health
- Accommodations for employees who hold a sincere religious belief against being vaccinated
- Employer repercussions if a vaccinated employee becomes seriously ill, which could result in a worker’s compensation claim
- Who holds the liability when vaccinations are mandatory from a customer standpoint? Ex: Your hospital or school project requires your workforce to be vaccinated
Vaccine prescreening questions
For employers who provide vaccinations at the workplace, a series of job-related prescreening questions will be asked to make sure there is no medical reason that could cause harm if vaccinated. If an employee refuses to answer prescreening questions, they should not be allowed to receive the vaccine. Another option is to allow the vaccine to be administered from an alternate provider. These employees will need to provide proof of vaccination.
Refusal of the vaccine
If an employee refuses the vaccine and the employer wants to pursue further action, they will need to prove that the employee could pose a threat to the safety of themselves and others. In an at-will employment setting, an employee can choose to seek employment elsewhere if the current job mandates getting the vaccine. However, if you’re in a unionized setting governed by a collective bargaining agreement, you should consult with your union attorneys.
Regardless of your choice to mandate the vaccine, a good first step for all companies is to develop a solid communications plan for your employees. This will help prepare you for potential questions and allow you to explain your company’s stance in providing the safest workplace possible for all employees.
This article is not a legal document and is written for guideline purposes. For the safety of your employees and clients, continue to practice the safety protocols recommended by the CDC: wear a mask, wash your hands and practice social distancing when possible. For more information, visit www.eeoc.gov/coronavirus.