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BOLI Releases Workplace Vaccine Guidance

The Oregon Bureau of Labor and Industries (BOLI) has published guidance for employers and employees on the legal ability of employers to require vaccines for their workforce.

According to BOLI and the Equal Employment Opportunity Commission, employers may require employees to be vaccinated against COVID-19, however, they must accommodate any opposition based on deeply held beliefs, as well as any employees who are medically ineligible to receive the shot.  Some employee classifications may be exempt, and such a requirement and vaccinations may be covered on a collective bargaining contract. Employers would need to provide reasonable accommodations for employees who are either medically ineligible for the shot, or those who have deeply held beliefs against vaccines.  While vaccine eligibility and supply would make a workplace requirement premature, cities contemplating such a move should begin conversations with their legal counsel and employees early. 

Additionally, city leaders should note that only schools enjoy protections from tort liability for COVID-related claims, and bills have been introduced to increase local government liability limits and create workers compensation presumptions for Coronavirus infections. 

Contact: Scott Winkels, Lobbyist - swinkels@orcities.org

Last Updated 1/22/21

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