(TheDailyHorn.com) – As America rushes to return to a state of normalcy, some companies are requiring their employees to be fully vaccinated. The issue is becoming more relevant in the context of revised guidelines from the Centers for Disease Control (CDC), which allow fully vaccinated individuals to go maskless indoors and outdoors. That’s raising legal questions and potential liabilities for employers who mandate an employee to get a shot.
On April 20, the federal Occupational Safety and Health Administration (OSHA) addressed those questions, and employers might not like the answers it gave.
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According to OSHA, if an employer requires vaccination as a condition of employment, it will be considered “work-related.” If the employee has an adverse reaction, the worker can file for worker’s compensation, potentially affecting the employer’s safety record.
Additionally, mandating a vaccine approved for emergency use only is prohibited under federal law. The U.S. Food and Drug Administration’s emergency use authorization (EUA) states that an individual must be given the option to accept or refuse a COVID-19 vaccine.
It seems clear that an employer can’t mandate an experimental vaccine. It could be held liable for any injuries or time away from work that results from an inoculation it forces on an employee.
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