Employers May Be Held Liable for ‘Any Adverse Reaction’ if They Mandate COVID Vaccines
New guidance from the Occupational Safety and Health Administration (
OSHA) is making employers think twice about their
COVID vaccine requirements.
On April 20, companies were
put on notice they’ll be responsible for any adverse reaction should they require their employees be vaccinated with a COVID vaccine.
In the
Frequently Asked Questions section of OSHA’s website having to do with COVID safety compliance, a question was asked whether an adverse reaction to a COVID vaccine had to be recorded if an
employer mandated vaccination as a condition for employment.
OSHA
stated:
“If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7.”
In general, an adverse reaction to the COVID vaccine is recordable if the reaction is: (1) work-related, (2) a new case and (3) meets one or more of the general recording criteria in
29 CFR 1904.7 (e.g., days away from work, restricted work or transfer to another job, medical treatment beyond first aid).
According to OSHA, recording requirements of serious work-related injuries and illness may leave employers with worker’s compensation claims and impact their safety record.
Conversely,
OSHA states it will
exercise enforcement discretion and will not require adverse reactions be recorded when an employer only “recommends” that employees receive the vaccine, while noting that for this discretion to apply, the vaccine must be truly voluntary.
In
determining whether a vaccine is “voluntary,” the
website states, “an employee’s choice to accept or reject the vaccine cannot affect [his or her] performance rating or professional advancement,” and that an “employee who chooses not to receive the vaccine cannot suffer any repercussions from this choice.”
If employees are not free to choose whether or not to receive the vaccine without fearing negative recourse, then the vaccine is required and employers should refer to the section on COVID vaccines as a condition to employment.
In
response to the news that COVID vaccine adverse reactions suffered by workers are reportable incidents, or incidents that count against a company’s safety record,
several large contractors said they have changed or will change their vaccination policy to only recommend — not require — a vaccine.
and have been sobbing nonstop about Greg. I was very nearly threatened by my mom just shy of being sent to an overcrowded Emergency Room the absolute last place on this planet I want or 'need' to be.
and 'first do no harm' went way out the window with this clown. "Well if a 'fetus' does survive an abortion the mother and others will be given their 'options' on what to 'do' next. 
Don't even get me started on him, he's not worth my emotional energy.