Since becoming widely available, the COVID-19 vaccine has proven to be a polarizing issue. While many celebrated its arrival, many others rejected it, and employers were caught in contentious debates about employee rights. This debate peaked when the Occupational Safety and Health Administration (OSHA) issued an emergency temporary statute (ETS) on November 5, 2021. The ETS indicates that employers with over 100 employees must require vaccination or daily testing. This ETS was withdrawn, however, on January 26, 2022. Read this vaccine tracking update to learn what staffing agencies should know about current COVID vaccine requirements.
Some Employers Still Require Vaccines
Although OSHA’s initial ETS mandating vaccines and testing has been withdrawn, it is important to note that some employers may still require vaccination for employees. Any employer who receives reimbursement from Medicare or Medicaid is required to ensure that all staff members are vaccinated. This primarily affects the health care industry as well as assisted living and nursing home facilities. Cumulatively, more than 20 million workers are included, meaning that many employees will still be required to get vaccinated in order to keep their jobs.
Federal Contractors May Be Required to Receive Vaccine
Healthcare workers aren’t the only ones who are still required to get the COVID-19 vaccine. Any contractors who work with the federal government may also be subject to a vaccine requirement or a tracking policy. These requirements have been upheld thus far, but there are several challenges pending in court that may change things. This policy is further complicated, too, in jurisdictions that have passed mandates prohibiting employer requirement of vaccination. In such cases, it’s unclear which directive takes precedence.
States May Impose Their Own Vaccine Mandates
COVID has become an unfortunately politicized issue, so it’s unsurprising that many states are legislating employers’ right to track the virus and its vaccine. Laws have been passed in some states that require employers to track COVID, while other states have passed laws that expressly prohibit employers from requiring vaccination. The inconsistency of these state laws makes enforcement difficult, and it further compromises employers’ ability to establish basic safety standards in a post-COVID world.
Staffing Agencies Face Unique Challenges
Each industry is grappling with its own challenges relating to the COVID vaccine, but few face the complexity that staffing agencies are navigating. Indeed, a staffing agency that services clients in multiple states must be familiar with regulations in each of these jurisdictions. Furthermore, a staffing agency that fills positions in various fields must know the requirements that are specific to each industry. This intersection of mandates can get confusing, leaving an agency open to liabilities. Staffing business insurance is a great way to protect against these liabilities. Invest in staffing business insurance to protect clients and employees.
About World Wide Specialty Programs
For the last 50 years, World Wide Specialty Programs has dedicated itself to providing the optimal products and solutions for the staffing industry. As the only insurance firm to be an ASA commercial liability partner, we are committed to that partnership and committed to using our knowledge of the industry to provide staffing firms with the best possible coverage. For more information about Staffing Professional Liability Insurance or any other coverage, we have available to protect your staffing business, give us a call at (877) 256-0468 to speak with one of our representatives.