The first trucks carrying a vaccine to COVID-19 left Pfizer in mid-December 2020. As the government calls it, “Operation Warp Speed” has begun. A vaccination for COVID-19 is being distributing all over the country and in the coming weeks will be available for use by the average American worker.

Given the significant impact that COVID-19 has had on workplaces, employers may consider imposing mandatory COVID-19 vaccination programs depending on their respective industries, work environments, and cultures. If the employer does not impose mandatory COVID-19 vaccination of its employees, then it might benefit the employer to guide each employee through their own decision in voluntarily receiving the vaccination.

As an employer, you have an obligation to maintain a safe workplace for all other workers against the disease and this will include the balance of good safety protocol and encouragement and education of your workforce as to the benefits of the vaccine.

There are several things for the employer to consider when deciding whether to require their employees to take a vaccine for COVID-19 prior to returning to work. See our previous post, as to Mandatory Vaccinations in the Workplace: A Pain Point for Employers, Too.

But, if as an employer you are not requiring a vaccination to return to work, here are three considerations for maintaining a safe work environment. Remember, creativity and flexibility may be key in facing employees who have concerns over taking a vaccine that was created, tested and approved in less than a year. Their concerns and fears should be treated as legitimate even if you may disagree with their decision, and an employer’s ability to answer those concerns and fears can make for an overall safer work environment.

1.     Keep Current COVID-19 Safety Protocols in Place

Even though most of your employees may decide to voluntarily receive the vaccination for COVID-19, you will want to maintain the safety measures you currently have in place, including wearing of masks, maintaining social distancing, keeping plenty of sanitizer on hand, extra cleaning around commonly used workstations and/or office space, sending workers home when experiencing COVID-19 symptoms, etc. It will be several months before the vaccination is available to any worker who would like one. Therefore, the safety measures you have implemented this year for COVID-19 should stay in place until such time as the CDC has recommended differently.

2.    Address Employees’ Fear of the Vaccination by Education

You should encourage your employees to learn from reliable sources about the disease and the vaccine.  Even with that information, however, some or many of your employees will not run out to their doctor’s offices and sign up for the vaccine. Personal, cultural, demographic, misinformation, and general distrust of medical profession in many communities are some reasons that will prevent many employees from receiving the vaccine initially, if at all. As a result, encourage your employees to review reliable sources of information such as from the CDC, John Hopkins Medical Center and the World Health Organization, as to the vaccines and their benefits and side effects.

3.    Educate Your Employees about the Importance of Workplace Safety

As an employer, you probably already educate your employees/workers about safe work practices, accommodations under the ADA, worker’s compensation law, Title VII, and general good work habits. With pandemic still rampant in our society and with one and potentially new vaccines being distributed, take the time to educate your employees on their safety and health and how vaccinations and/or maintaining strict COVID-19 safety protocol will continue to keep the workplace safe for all employees. Again, use the CDC and State of Texas Health and Human Services as your guidepost for educating your employees as to what is current.

During this pandemic, employers should rely on the latest CDC and state or local public health assessments. The CDC has an extensive FAQ section specifically for employers and businesses that provides information that has been learned over the past several months. An employer should consistently monitor this guidance as it changes, weekly sometimes daily. While the EEOC recognized that public health recommendations may change during a crisis and differ between states, employers are expected and should (to establish any due diligence) make their best efforts to obtain public health advice that is contemporaneous and appropriate for their location, and to make reasonable assessments of conditions in their workplace based on this information.

Given the constantly changing advice provided by the CDC and state and local authorities and the implications of both federal and state law that involve medical conditions, you should always consult with an attorney, human resources manager, and risk management before deciding how to proceed. The attorneys in our Austin and Dallas offices are available to answer any questions you may have.

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