Let’s Talk About Vaxx....

August 24, 2021 Update and Developments

Yesterday morning the Federal Drug Administration (“FDA”) gave full approval to the Pfizer vaccine for all adults. Though all three vaccines received emergency approval before administration started earlier this year, this is the first to receive the FDA’s full endorsement.

The difference between emergency and full approval has helped fuel the vaccine debate for months now. While the CDC guidelines and State law have allowed for vaccine mandates, the provisional approval on the federal level has been held out as a reason that such a mandate might not be legal. Because all other mandated vaccines to date had had full FDA approval, the argument went, a mandate of the COVID vaccine, with only emergency approval, could be challenged as a unique situation that wasn’t covered by existing law.

Yesterday this changed.

Now that the Pfizer vaccine has full FDA approval, employers who were resisting a mandate to avoid lawsuits, have cover. The EEOC, CDC, and State agencies had already said it, but now it is even clearer: A vaccine mandate (that complies with all accommodation provisions) is legal.

Also on the federal front, OSHA issued guidelines for all workplaces last week that were meant to reflect the CDC’s July 27th updates. There are a few provisions in there that employers need to take note of.

First, OSHA and the CDC suggest that all employers require the vaccine. For those who are exempt from the requirement, they say employers should implement regular mandatory testing. They say that all employees should wear masks in public areas where there is a local high COVD rate, and that social distancing and PPP protocols should continue.

For employers who do require the vaccine, the federal agencies say that employers should help facilitate getting their workforce vaccinated with paid time off to get the vax and sick leave for any adverse side-effects (these are both ALREADY REQUIREMENTS IN NEW YORK).

The new guidance also imposes very specific requirements on healthcare employers.

It should be noted that, on the State front, New York has already issued regulations requiring that certain healthcare workers be vaccinated.

If you need more information, or we can help you get your compliance in order, please let me know.