December 17, 2020
David Dubberly, head of the firm's employment and labor law practice group, spoke to Columbia's WIS-10 for their segment "VACCINE FAQ: Can your boss require you to get the COVID-19 vaccine?"
With South Carolina receiving its first round of the COVID-19 vaccine, Dubberly joined the broadcast to explain what qualifies some employers to require their employees to take it..
COLUMBIA, S.C. (WIS) - The coronavirus vaccine is being touted as the key to getting Americans back to work, but can your employer make you get it?
“For most employers, the answer is going to be yes, they can,” explained David Dubberly, chair of Nexsen Pruet’s Employment and Labor Law Group.
The Equal Employment Opportunity Commission (EEOC) and Occupational Safety and Health Administration (OSHA) have not yet released employer guidance on the coronavirus vaccine.
However, during the H1N1 outbreak in 2009, Dubberly says both groups supported employers making a vaccine mandatory during that health emergency.
“Employers are required by law by the Occupational Safety and Health Act to protect their employees from any known dangers,” said Dubberly. “Obviously, COVID is a known danger, so really for employers to satisfy their responsibilities to protect their employees, they are all going to be looking hard at at least strongly encouraging employees to receive the vaccine.”
Watch or read the full piece here.
Nexsen Pruet serves clients from nine offices across the Southeast. With more than 200 lawyers and professionals, the firm provides regional, full-service capabilities with international strengths.