Most Oregonians are not yet eligible to receive a COVID-19 vaccine, and thousands are still struggling with the state’s overloaded reporting system.
However, as the vaccine explosion escalates this spring, Oregon workers may question whether their bosses may require them to be vaccinated.
In most cases, the answer is yes. But there are exceptions, and very few employers need the vaccinations now or are likely to do so in the future.
“I think eventually most employers will be able to need it,” said Henry Drummonds, a professor at Lewis & Clark Law School specializing in labor and labor law. ‘But I think most employers probably do not want to require it. I think employers can first encourage and educate employees about the safety of the vaccine and its desirability of protecting yourself and your colleagues. ”
Drummonds said that standards of employment according to will institutions allow private companies to dictate and change the terms of employment at any time and dismiss employees for any reason, as long as they do not discriminate on the basis of race, gender, age or any other protected protection. category.
In practice, this means that employers are likely to require employees to receive the vaccine in order to remain employed or return to the office. Both the U.S. Employment Equity Commission and the Oregon Bureau of Labor & Industries have issued guidelines stating that employers can instruct employees to be vaccinated.
There are, of course, exceptions.
Workers may request exemption for religious reasons, or if disability prevents them from receiving the vaccine. Employers should provide reasonable accommodation for those employees if it does not cause unnecessary hardship.
This could mean that an employee is allowed to work from home or that an employee who has not been vaccinated should wear a mask in the workplace, Drummonds said after vaccinated colleagues may be unmasked.
It is also possible that union contracts may prevent an employer from needing vaccinations.
Dan Clay, president of United Food and Commercial Workers, Local 555, which represents employees of Safeway, Albertsons and Fred Meyer, said the union was still determining whether language in its collective bargaining agreements needed the ability of grocery chains to get vaccinated. may limit, although he said the vaccination requirements are not explicitly discussed in the agreements.
Fred Meyer, Albertsons and Safeway encourage their employees to receive the vaccine by offering a $ 100 incentive for those who have been fully vaccinated. The grocery will offer the same incentive to those who choose the vaccine for medical or religious reasons, but follow a safety education course – a step that ensures that grocery chains are not hampered by equal pay laws.
However, the grocery chains do not require employees to receive the vaccine. While the union has criticized the state for not allowing grocery store workers earlier to receive vaccines, Clay said the union would also be concerned if employers give vaccinations.
“We believe all essential employees should get the vaccine,” Clay said. However, he added: “workers do not have to sacrifice their bodily autonomy to their employer.”
There is a final group of Oregon workers who do not have to receive the vaccine through their employers – and that may come as a surprise.
Healthcare workers, among those most at risk of being exposed to COVID-19, cannot be forced by employers to receive vaccines under a 1989 Oregon law. The law broadly defines health care workers to include health care providers and those who work in health care facilities, plus firefighters and law enforcement.
Under the law, health workers can only be required to receive the vaccine if it is mandatory under state or federal law. There is no such law, nor does it seem likely.
Providence Health & Services and Oregon Health & Science University, two of the largest employers in the Portland area, are encouraging, but do not require health care providers to be vaccinated. Those who are vaccinated should still wear masks and take other protective measures.
Voluntary compliance was high. Erik Robinson, a spokesman for OHSU, said about 80% of workers have been vaccinated so far and that the research university is helping employees plan for vaccinations and provide consultations for those considered to be at risk for allergic reactions.
Few employers have announced plans to draft vaccinations, even though they may do so legally.
Only 6.5% of staff, legal and executive employers nationwide plan to require all of their workers to be vaccinated, according to a February poll by Littler, a labor law specialist. Of the 1,800 respondents to the survey, another 43% said they are still determining their policies.
A separate survey among small business owners conducted by the U.S. Census Bureau last month found that only 2% currently require employees to show proof of vaccination before going to work.
“In my experience, employers do not want to get involved in the medical history of their workers, they do not want to ask people about their disabilities or their exemptions,” said Elizabeth Tippett, a law professor at the University of Oregon who specializes in work, said. practice. “I think employers will therefore try less stringent ways to encourage people to be vaccinated before using a full requirement, even though it varies by sector.”
On Monday, the Centers for Disease Control and Prevention issued encouraging guidelines for those who have been fully vaccinated, announcing that vaccinated individuals can congregate indoors in small groups with non-vaccinated without wearing masks or maintaining physical distance. The guidance also said that individuals who have been vaccinated do not need to be in quarantine if they are exposed to the virus as long as they do not develop symptoms.
The new guideline emphasizes the efficacy of COVID-19 vaccines. If workers who are fully vaccinated are likely not to contract the virus, whether or not their colleagues are vaccinated, this could reduce the incentive for employers to give vaccinations to everyone.
Intel, the largest corporate employer in Oregon, strongly recommends but does not require employees to receive vaccinations when they are eligible, according to a company spokesman. Intel offers employees four hours of free time for their vaccinations.
According to a company spokesperson, Amazon will pay $ 80- $ 40 per vaccine dose. No vaccines will be needed, but Amazon says they hope to set up vaccination clinics at its warehouses to make it easy for workers who want the shots.
Although laws usually allow employers to require vaccines, the federal emergency use authorization for the COVID-19 vaccines in this case creates some legal uncertainty. People who receive vaccines approved in this way are supposed to be able to refuse the shot.
Legal experts believe that it is not entirely clear whether this could prevent an employer from instructing employees to receive the vaccine.
“It’s theoretical at this point,” Tippett said.
– Jamie Goldberg | [email protected] | @jamiebgoldberg