Maryland covid unvaccinated7/14/2023 ![]() ![]() If the employer is administering the vaccine, then the incentive must be much more limited, as we discussed in our E-lert. And if the employer is not administering the vaccine itself, there is no limitation on the amount of the incentive. We further note that employers imposing a vaccine mandate may find themselves with a staffing shortage, based on employees’ refusal to comply with the mandate.Įmployers may encourage employees to get the vaccine and may even incentivize them to do so by offering paid leave (and note that employers with up to 500 employees could receive a tax credit for this leave, as discussed in our ApE-lert), gift cards, or even a cash payment. However, employers should be careful that such a mandate does not have a disparate impact by race or other protected characteristics, keeping in mind that certain communities may have vaccine reluctance or lack of access to vaccines. Vaccinations. As recently confirmed by the Equal Employment Opportunity Commission, employers may require employees to be vaccinated against COVID-19, subject to exemptions for disability or religious needs. Although OSHA describes the guidance as “recommendations,” the reality is that an employer who ignores those recommendations could be found to have failed to comply with its obligation to provide a safe workplace under the General Duty clause. The practical effect of all of this is that Maryland employers should be reviewing and complying with the JanuOSHA guidance pending the issuance of OSHA’s promised ETS (which will likely mimic much of that guidance). NEW: With OSHA’s issuance of its ETS specific to healthcare settings on June 10, 2021, we have been informed by the MDOL that they will be adopting that standards and will not be issuing a general standard applicable to all employers. One provision in the law requires the Maryland Secretary of Labor, within 15 days of enactment of the EWPA, to adopt OSHA’s ETS or, if no federal ETS exists, to issue a state ETS that meets or exceeds OSHA’s Januguidance as well as including some additional provisions regarding notification and posting. The Essential Workers Protection Act was passed by the Maryland General Assembly this session and took effect on (we summarized this new law in our April 15 E-lert). To date, Maryland has not enacted any COVID-19-specific safety standards, but one should be forthcoming. It also reminds employers that it has provided more specific guidance for certain industries. OSHA further reminds employers of their obligation under the General Duty clause to provide a safe workplace. OSHA noted that the guidance is not a legal standard or regulation and creates no new legal obligations, but provides recommendations as well as descriptions of existing safety and health standards. In the meantime, just after the change in Presidential administration, the Occupational Safety and Health Administration provided stronger guidance for employers and employees on COVID-19 in the workplace, which we discussed in detail in our JanuE-lert. Nonetheless, we expect that it should be released at some point in the near future. However, the Centers for Disease Control and Prevention then revised its guidance for fully-vaccinated individuals (as discussed in our updated blog post), and commentators believe the ETS required revision accordingly, which delayed its release. The ETS was sent to the White House’s Office of Management and Budget for review in May, which suggested it would be released shortly thereafter. It was supposed to have been issued by March 15, 2021. In addition, local jurisdictions, such as Baltimore City, may still have restrictions – like masking while indoors – with which employers must comply.ĬOVID-19 Workplace Safety Standards. The Biden administration has been promising a COVID-19 Emergency Temporary Standard (ETS) that would be applicable to and mandatory for all workplaces. This does not mean a return to normal, however, as federal guidance still applies, and more state guidance should be forthcoming shortly. For Maryland businesses, we thought it might be helpful to summarize where we stand as of early June 2021.Īlthough Maryland remains in a state of emergency, at this time, the Governor has lifted many of the restrictions that impact the private workplace, such as shutdown orders, most masking requirements, group limitations, travel, etc. Workplace guidance on COVID-19 keeps shifting at the federal and state level, which poses a challenge for all employers. NOTE: This post has been updated for guidance from the Maryland DOL on paid leave under the Essential Workers Protection Act. ![]()
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