Even though the U.S. Supreme Court has blocked a federal vaccine mandate for private employers, businesses still have to take measures to protect workers from coronavirus-related illness or death.
That's what employment lawyers told the Arkansas State Chamber of Commerce on Wednesday during a virtual meeting on how businesses should proceed after the high court's decision.
The lawyers from Friday Eldredge & Clark LLP of Little Rock said that while the vaccine mandate is in limbo (the Supreme Court decision didn't kill the mandate, it just stopped it from being enforced while a lower court case plays out), employers can set their own policy. But they must be mindful of existing state and federal regulations.
They pointed to an Occupational Health and Safety Administration rule that requires employers to provide a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm." And OSHA has made it clear that it recognizes COVID-19 as such a hazard, said labor and employment attorney Michael Moore.
"It's my belief that if an employer is not following CDC guidelines and an outbreak or death occurs, OSHA is liable to come down pretty hard on them," Moore said.
Moore recommended that employers document how they're following CDC guidelines to help protect their business. He said it helps to know who's vaccinated, and therefore who needs to isolate or quarantine if they're infected. Simply asking about a worker's vaccination...
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