Portrait of medical artisan doctor in PPE clothing with argument inscription byword on cardboard – Break Safe. … [ ] Isolated on blush key accomplishments alms anesthetic bang adjoin coronavirus covid-19 pandemic
In a hasty move for a accompaniment that has continued advantaged giving administration the abandon to do business with almost few constraints, the Florida assembly and Governor DeSantis anesthetized House Bill No. 1-B which prohibits any clandestine employer from arty a COVID-19 anesthetic authorization for any full-time, part-time or arrangement agent after accouterment the alone exemptions discussed beneath which acquiesce an agent to opt out of such requirements.
In essence, this law gives unvaccinated advisers the appropriate to assignment after accepting medical or religious affidavit to not be vaccinated.
Many Floridians are dying to apperceive the capacity of the new law, while others will artlessly die from COVID-19 that they will arrangement in the abode as a aftereffect thereof.
The new law additionally prohibits all authoritative entities and educational institutions in the Accompaniment from arty binding abode COVID-19 vaccine policies.
The law as relates to clandestine administration is almost simple, and provides for the afterward 5 alone exemptions to a binding COVID-19 anesthetic policy:
1. Medical Exemption.
Employers charge admission an absolution to a binding COVID-19 anesthetic action if an agent presents a account alive by a physician, physician abettor or avant-garde registered abettor that states that, in their opinion, “COVID-19 anesthetic is not in the best medical absorption of the employee.” In addition, an employer charge admission an absolution for abundance or advancing pregnancy.
The statute with account to this reads as follows:
To affirmation an absolution based on medical reasons, including, but not bound to, abundance or advancing pregnancy, the agent charge present to the employer an absolution statement, anachronous and alive by a physician or a physician abettor who holds a valid, alive authorization beneath affiliate 458 or affiliate 459, or an avant-garde convenance registered abettor who holds a valid, alive authorization beneath affiliate 464, who has advised the employee. The account charge accommodate that, in the able assessment of the physician, physician assistant, or avant-garde convenance registered nurse, COVID-19 anesthetic is not in the best medical absorption of the employee. The Department of Health shall accept rules allegorical affairs that are advised an advancing pregnancy, including, but not bound to, a best timeframe aural which one anticipates abundance for the purpose of claiming an absolution beneath this paragraph.
2. Religious Exemption.
Employers charge admission an absolution for religious reasons.
The statute with account to this reads as follows:
To affirmation an absolution based on religious reasons, the agent charge present to the employer an absolution account advertence that the agent declines COVID-19 anesthetic because of a aboveboard captivated religious belief. In addition, administration are banned from inquiring into the accuracy of the employee’s religious beliefs.
3.COVID-19 Immunity.
An agent may affirmation an absolution from an employer’s binding COVID-19 vaccine action by presenting an absolution account assuming that the agent has amnesty to COVID-19 accurate by a accurate class analysis which can be either a analytic or antibiotic test, which has accustomed abounding approval or emergency use approval by the FDA.
The statute with account to this reads as follows:
To affirmation an absolution based on COVID-19 immunity, the agent charge present to the employer an absolution account demonstrating competent medical affirmation that the agent has amnesty to COVID-19, accurate by the after-effects of a accurate class analysis performed on the employee. The Department of Health shall accept a accepted for demonstrating competent medical affirmation of such immunity.
4. Account Testing.
If an agent agrees to accede with accustomed testing by presenting an absolution statement, the testing charge be provided at no amount to the employee. An employer may analysis the agent no added than account or aloft affirmation of COVID-19 affection application a analytic analysis that has accustomed approval from the FDA. While the Florida Statute is bashful on calm tests, an calm analysis that is accustomed by the FDA would acceptable accommodated the testing requirement.
The statute reads as follows:
To affirmation an absolution based on alternate testing, the agent charge present to the employer an absolution account advertence that the agent agrees to accede with accustomed testing for the attendance of COVID-19 at no amount to the employee.
5. Cutting and Application PPE.
If an agent agrees to accede with an employer’s reasonable accounting affirmation to use PPE in the attendance of added advisers or added persons, again the PPE charge be provided by the employer. The Statute does not ascertain PPE or differentiate amid bolt face coverings and face masks.
The statute reads as follows:
To affirmation an absolution based on employer-provided claimed careful equipment, the agent charge present to the employer an absolution account advertence that the agent agrees to accede with the employer’s reasonable accounting affirmation to use employer-provided claimed careful accessories back in the attendance of added advisers or added persons.
Note that the 5 exemptions beneath the new Florida law beat those appropriate beneath Federal EEO law. Beneath Federal EEO law, an employer alone has to accomplish exemptions to a binding COVID-19 anesthetic action for affliction and aboveboard captivated religious beliefs. The Florida statute adds exemptions for abundance and advancing pregnancy, COVID-19 immunity, alternate testing and employer provided PPE. In addition, the Florida law does not acquiesce analysis into whether the religious acceptance is aboveboard held.
Prior to the achievement of the new Florida statute, administration alone had to admission exemptions due to affliction or aboveboard captivated religious beliefs. Now, anniversary employer has the adeptness to accord added exemptions, or to about apathy agent COVID-19 issues, to the peril of their employees, customers, patients, and others.
For example, there is annihilation beneath Florida law which requires a hospital or medical appointment that treats high-risk patients from acute its advisers to be vaccinated, although abounding medical offices and accessories were acute this, accountable to affliction and aboveboard captivated religious acceptance exemptions, while additionally attempting to abode those unvaccinated advisers into jobs area they would be beneath acceptable to be in acquaintance with high-risk patients and others.
The sad accuracy is that although advisers accede to use PPE, and intend to use PPE, back the bang-up is away, the mice booty their masks off and play.
This puts administration in a abhorrent bearings with advertence to abeyant accountability if an agent affairs COVID-19 and suffers cogent abrasion or afterlife because the employer did not badge PPE rules. If an employer receives a completed absolution account accustomed by this statute, including the aloft mentioned exemptions, the employer charge acquiesce the agent to opt out of the employer’s COVID-19 anesthetic mandate. It is additionally important to agenda that the Statute applies to all clandestine administration behindhand of admeasurement or cardinal of employees.
Clearwater, Florida Employment attorney, Colleen Flynn has adumbrated as follows:
The Florida law grants advisers a way to opt out of a COVID-19 anesthetic policy. While afore Florida administration alone had to admission exemptions for affliction or aboveboard captivated religious beliefs, administration charge now admission an absolution to a binding vaccine action provided an agent will accede to alternate testing or to cutting PPE. However, OSHA and CMS accept anesthetized rules that are currently backward in awaiting action that are altered from the Florida law and thus, depending on what happens with those cases, Florida administration will acquisition themselves abyssal differing standards depending aloft their admeasurement and blazon of business.
Colleen and I will be presenting a webinar to altercate this new aphorism and associated issues at 12:00-12:30 PM Eastern Accepted Time on Monday, December 6, 2021. You can assurance up for this chargeless presentation and be on the account to accept a chargeless epitomize articulation by emailing info@gassmanpa.com and putting the chat “webinar” in the RE line. You may additionally annals anon here.
Please break safe.
Special acknowledgment to Stetson law student, Samuel Craig, for his abetment in autograph this blog post.
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