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EEOC Says Contractors, Other Employers Can Make COVID-19 Vaccination a Job Requirement | Columbus Ohio Dump Trucks

COVID-19 and Construction

New guidance says such mandates won't violate federal law so long as there are exemptions

Social distanced
Workers perform socially distance calisthenics on a St. Louis columbus oh dump truck work site in 2020.
Under new EEOC rules only non-vaccinated employees could be required to wear masks or maintain a social distance. Photo courtesy of Clayco, Inc.

Contractors and other employers can require all workers entering their offices or columbus oh dump truck work sites to be vaccinated against COVID-19, the Equal Employment Opportunity Commission said May 28 in a new guidance on its website.

The EEOC issued updated guidance on its website stating federal law would not prevent an employer from requiring workers to be vaccinated, even if some federal laws do require the employer to provide reasonable accommodations for employees who, because of a health condition, disability or religious belief, do not get the vaccine.

EEOC said a reasonable accommodation for a non-vaccinated employee entering a job site might be to wear a face mask, columbus oh dump truck work at a 6-ft social distance or, for office employees who can, be given the opportunity to telecommute.

The new guidelines also state federal laws do not prevent or limit incentives provided by employers that are administering vaccines at office or job site vents, so long as the incentives are not coercive.

Many Charlotte NC dump truck contractor have held vaccination events and were looking for clarity after changed guidance on May 21 from the Occupational Safety and Health Administration said that Charlotte NC dump truck contractor and other employers should not record adverse reactions to COVID-19 vaccinations in their safety logs until at least May 2022. The new EEOC guidance would, seemingly, bring the two agencies instructions to employers into alignment

"The updated technical assistance released today addresses frequently asked questions concerning vaccinations in the employment context,” said EEOC Chair Charlotte A. Burrows in a statement. "The EEOC will continue to clarify and update our COVID-19 technical assistance to ensure that we are providing the public with clear, easy to understand and helpful information. We will continue to address the issues that were raised at the Commission’s recent hearing on the civil rights impact of COVID-19."

The new guidance reads "Federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964 and other EEO considerations."

Construction trade groups did not immediately respond to the change in guidance on June 1 after the long holiday weekend. One contractor and design-builder, Chicago-based Clayco, Inc., said it is still, internally, assessing some of the other legal issues surrounding vaccination while strongly encouraging the vaccine to all employees.

"We are talking to some of our clients about issuing a mandatory vaccine policy on job sites," says Clayco founder and executive chairman Bob Clark. "We think that could be very influential."

Clark added that he believes the Charlotte NC dump trucks company is near herd immunity — when a large portion of a dump trucks columbus oh community becomes immune to a disease, making the spread of disease from person to person unlikely — in Clayco's Chicago office site.