Does the fact that the COVID vaccine is still in an experimental vaccine and in emergency use authorization make a difference?  There are medications out there to treat COVID.  All persons in the state of Virginia were offered the vaccine.  It is available. If they choose to take the vaccine it is their own risk and if they choose not to get the vaccine it is their own risk.  My choice my body.  People have made an informed decision and should have the freedom to make that choice without being discriminated against. 

16VAC25-220-10 Purpose, scope, and accessibility

Sections C

If there is a failure on the employers part of not having proper PPE.  Employers should be held responsible and could have action brought against them.  If there is not the proper PPE available, employee should not be asked to work. 

16VAC25-220-40 Mandatory requirements for all employees

D. 3. “provide that such requirements do not apply to fully vaccinated employees”

This looks like segregation.  Also is this subjective if the requirement of having boosters of the COVID vaccine, when will someone be considered to be fully vaccination.

E. Access to common area…

Again this looks like segregation.  What happens to the person who is allergic to ingredients in the vaccine?  Is that person going to be punished and not allowed in the common areas, etc.?  Also what about consideration of vaccinated people who are shedding from the vaccine?

E. 1. All employees should follow the same guideline of sanitizing and cleaning, regardless of the vaccination status, as recommend in universal precaution training.

E. 2. All employees should follow the same occupancy limits, not discrimination.

G. Making an employee that is non vaccinated wear a mask singles them out, violates HIPAA, and marks them with visual discrimination such as a scarlet letter.

16VAC25-220-50 requirements for healthcare…

6. g.

Remove “are not fully vaccinated” throughout the entire text.  All employees should be assumed to be contagious whether it is a person who was vaccinated and is shedding or unvaccinated.  Just like all police officers should be CIT trained so everyone is treated with respect.

Having un-vaccinated employees wear masks is an outward display of a health status and HIPAA breech.

16VAC25-220-70 infectious disease…

7.b.  Employers would not have to know of these health conditions if it does not affect the employees’ job performance and they have not asked for a reasonable accommodation. 

16VAC25-220-80 Training

A section 2

All employees need to have training just as all employees need universal precautions.  No employee should be exempt from having training.