Are you Prepared for the OSHA Vaccine/Testing Standards?

• In today’s Recommendations for Industry, we discuss how to prepare for the OSHA vaccine and testing standards. Read more below.
• If you’re interested in how the WHO estimates excess COVID-19 deaths, the WHO has published its methodology here.
• CNBC discusses that if one is fired for refusing a COVID-19 vaccine, depending on a state’s regulations, there is a likelihood that the ex-employee may not be able to receive unemployment benefits.
• As we’ve discussed before, the rise of the Delta variant has slowed the economy as employers continue to struggle finding workers. September’s Labor Department report found that unemployment rates sank to 4.8% from 5.2%.
• Pfizer will be conducting a full city-wide study in Toledo, Brazil of its COVID-19 vaccine by fully vaccinating everyone in the city over the age of 12 years old to better study the safety and efficacy of its vaccine.
• AstraZencea’s experimental antibody cocktail is successful in late-stage study applying it to treating COVID-19.
• While authorities believe it’s too soon to “declare victory against COVID-19 ahead of the holidays,” Fauci has said that outdoor trick-or-treating, especially for fully vaccinated kids, should be fine and safe.
• Merck has petitioned and submitted an EUA application for its pill (the drug, molnupiravir) to treat COVID-19.
• COVID-19 vaccinations for adolescents are quickly lagging. In fact, only “47% of the nation’s 12- to 17-year-olds are vaccinated against COVID-19, and in nine states, less than a third of eligible teens are vaccinated.” The vaccination gaps in the country can be seen in: “Alabama, Georgia, Louisiana, Mississippi, South Carolina, and Tennessee.” In fact, in addition to the South, North Dakota, West Virginia, and Wyoming have “less than 30% of adolescents vaccinated.”
• COVID is shown to affect all ages in the family equally; however, “families with one immune member had a 45% to 61% lower chance of infection than those with no immune member.”
• The National Restaurant Association reports that customer demand for outdoor dining has risen due to the Delta variant; in fact, “71% of operators that offer[ed] outdoor dining say[s] the delta variant led to an increase in customer demand for outdoor seating in recent weeks.”
• Although the rate of COVID-19 cases has dropped in 45 states, in 5 states (Montana, Colorado, Minnesota, Michigan, and Pennsylvania) have had at least 10% more cases.
• The WHO is recommending the COVID-19 booster shot for immunocompromised. “The World Health Organization is recommending that people with weakened immune systems be given a booster shot of the COVID-19 vaccine. A panel of WHO vaccine advisers said the additional dose would help immunocompromised people because that population is less likely to respond to a standard vaccination, and they are at high risk of severe COVID-19 disease. The panel, called the Strategic Advisory Group of Experts on Immunization (SAGE), also recommended booster shots for people over age 60 who have received inoculations made by Chinese vaccine makers Sinopharm and Sinovac. It cited evidence in studies in Latin America that those vaccines do not perform as well over time. The panel did not recommend an additional booster dose for the population at large and said it would review the issue of widespread booster use on November 11.”
• Texas governor, Greg Abbott, will ban COVID-19 vaccine mandates, including for private employers. Read more in the Texas Tribune.

Flu Status

• CDC: 1.9% of patient visits reported through ILINet were due to influenza. The percentage of patient visits for ILI remains below the baseline of 2.6% nationally. All ten regions are below their region-specific baselines.
• WHO: “Globally, despite continued or even increased testing for influenza in some countries, influenza activity remained at lower levels than expected for this time of the year. Worldwide, influenza A and B viruses were detected in similar proportions.”

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Are you Prepared for the OSHA Vaccine/Testing Standards?

Although we are continuing to await the OSHA Emergency Temporary Standard (ETS) for vaccine/testing mandates, it is important that businesses be considering their policies and practices once the standards are set – particularly focused on the certain reduced availability of testing.

At TAG, we have no predictions on when the OSHA ETS will be published, but we have no doubt that the increased need for testing will create a significant supply shortage, with not enough tests widely available to continue the regular testing of the symptomatic as well as the weekly testing of the unvaccinated.

Some things you may want to consider, derived from a list by SHRM:

• Understand the vaccination status of your workforce. How many are unvaccinated? How have or will you determine this?
• Will you provide opportunities for vaccinations for those who may now prefer that over weekly testing?
• Will you have on-site testing? Are there locations you will recommend to your employees? And/or what tests will you accept?
• Who will pay for the cost of testing? Does your state require employer payment? Will it be covered through employer-sponsored insurance?
• Will employees have paid time off for the testing – or to become vaccinated, or will you require that it be done on their own time?
• What will you do if no tests are available in an employee’s area?
• What will you do if an employee misses their test or refuses to be tested?

All these questions may not be able to be answered until the standard is published, but the more a business can do to prepare now, the easier compliance will be when it is required.

If you have questions or need assistance for employee testing or other COVID-19 or infectious diseases policies and practices, give TAG a call. Our Public Health Experts can assist.

• In last Thursday’s Recommendations for Industry, we discussed the need for cautious optimism spurred by current COVID trends. Read more here.
• As you’ll see in the Risk Matrix, COVID-19 cases have dropped 34% in the last month. However, this is not even across all states as some states like Alaska have seen increased cases and TPRs. Children, however, account for an increasing number of cases.
• Pfizer is currently asking for approval for its COVID-19 vaccine for children ages 5-11. According to NYT, “The agency has promised to move quickly on the request and has tentatively scheduled a meeting on Oct. 26 to consider it. A ruling is expected between Halloween and Thanksgiving.”
• While antibody tests can indicate when one was previously infected (or vaccination immunity), antibody tests should not be used to indicate or provide insight on the strength of one’s immunity.
• Biden has announced a $1B investment to quadruple the national supply of at-home COVID-19 tests (by December) [CIDRAP]. While the FDA continues to increase additional over-the-counter home tests [FDA1], one test is being recalled for potential “false positives” for the Ellume COVID-19 home tests. Visit Ellume’s website for a complete list of affected Ellume COVID-19 Home Tests [FDA2].
• The FDA continues to update its hand sanitizers that consumers should not use. Today, it has added artnaturals hand sanitizers to the list due to unacceptably high levels of benzene, acetaldehyde, and acetal contaminants.
• After being removed through the summer, Nevada’s COVID-19 dashboard is back online.
• According to the CDC director, influenza experts are concerned that the United States could be at risk for a severe flu season this year because the U.S. population may now have reduced immunity against influenza after flu cases reached an all-time low last year. CDC is urging Americans to get vaccinated for both COVID and the flu.