This is similar to the position the Equal Employment Opportunity Commission (“EEOC”) has taken with respect to an employee’s proof of webpage vaccination. The employer must make the COVID-19 plan and the COVID-19 log available to employees upon request, taking care to redact certain confidential information. Do vaccinated employers have to continue to wear masks and social distance? Under the ETS, “fully vaccinated” means two weeks or more following the final dose of a COVID-19 vaccine.  The ETS largely follows recent CDC guidance with respect to vaccinated individuals. A fully vaccinated employee does not have to wear a face mask, maintain six feet of distance from others, or be subject to physical barriers when working in “well-defined areas” where there is no reasonable expectation that any person with suspected or confirmed COVID-19 will be present. To be able to relax protocols for fully vaccinated employees, a covered employer’s COVID-19 plan must include policies and procedures to determine vaccination status. The ETS, however, does not give examples of acceptable methods of determining vaccination status. Employers should give careful consideration as to how this data will be collected and stored, as the EEOC has stated that proof of vaccination constitutes confidential medical information. Does the ETS require covered employers to provide any additional benefits to employees? The ETS provides covered employees with “medical removal protection benefits” in the event they must be removed from work and required to isolate or quarantine due to suspected or confirmed COVID-19, or exposure to COVID-19. In such cases, employers must provide the following benefits: All employees who are allowed to work remotely or in isolation during a period of self-isolation or quarantine must continue to receive their regular pay and benefits. Employees who cannot work remotely and who are employed by a company with at least 10 employees must continue to be paid their regular pay, up to $1,400 per week, until the employee meets the return-to-work criteria of the ETS. Employees of companies with 10-499 employees will continue to be paid their regular pay but, beginning in the third week of removal, will receive only two-thirds of their regular pay, up to a cap of $200 per day. The employer’s payment obligation, however, is reduced by the amount of compensation that the employee receives from any other source, including a publicly or employer-funded compensation program. The ETS also provides job-protection status to the employee while isolating or quarantining due to COVID-19, and the employer may not retaliate or otherwise adversely affect the employment status of an employee who isolated or quarantined due to COVID-19. Additionally, employers must provide “reasonable time and paid leave” to any employee who receives a COVID-19 vaccine and/or experiences side effects following vaccination. The ETS does not define or give examples of “reasonable time or paid leave.” What COVID-19 information must be reported to OSHA?https://www.jdsupra.com/legalnews/osha-issues-covid-19-emergency-6203247/
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