Happy New Year and Happy Vaccination Day: Maintaining Workplace Safety During the Vaccine Roll-Out

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Numerous employment lawyers and articles have addressed whether employers should mandate or strongly encourage employees to get vaccinated when the COVID-19 vaccination is available to them. Fewer have provided reminders to employers regarding the steps and precautions necessary following an employee’s vaccination.

First, employees should be strongly reminded that they are not fully vaccinated (and maximally protected) until both of two required vaccine doses are administered. As a result, the CDC’s precautions—including mask wearing, social distancing, and hand washing—must continue to be followed even if a dose of the vaccine has been received.  CDC guidance on proper precautions can be found here.

Most importantly, even after employees are fully vaccinated with both injections, they must remember the vaccination is not like a Monopoly “get out of jail free” card. No vaccine is foolproof regardless of the illness it is intended to prevent. COVID-19 vaccinations are no different—they are not 100% effective and it is still not known if and to what extent they prevent transmission of the disease. As a result, employees should continue to act and follow all CDC guidelines as if they have not been vaccinated.

We advise that employers provide their employees with these important reminders in writing and obtain agreement from their employees that they will continue to follow all precautions until medical experts’ guidance provides otherwise.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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