As we reported on Friday, here, the U.S. Supreme Court blocked OSHA's enforcement of the Emergency Temporary Standard (ETS), which previously required many private employers with 100 or more employees to implement a vax or test policy. Employers may still opt to implement such a policy.

As promised, here is chart summarizing state rules which expand on the exemptions employers must make to vaccination policies.

NOTE: We also covered this during our Quarterly Compliance Update in the Docket last week! Stay tuned for a link to a recording and our materials.

ALABAMA

Effective: 11/5/2021

Exceptions

Medical Reasons identified by statute including prior COVID-19 diagnosis, severe allergic reaction, prior COVID-19 treatment, bleeding disorder, severely immunocompromised, or unable to take vaccine due to current health conditions or medications
Religious Beliefs

State Forms Required

If standard State Form is complete and submitted, employee exempt
Must be liberally construed in favor of employee

Legal Authority / Guidance

Additional Requirements

Includes administrative appeal procedure for employees if exemption request denied

ARKANSAS

Effective: 1/13/2022

Exceptions

Testing once a week
COVID-19 immunity provided twice a year

State Forms Required

No specific forms required

Legal Authority / Guidance

Legislation

Additional Requirements

If unvaccinated employee is terminated and not offered testing, eligible for unemployment benefits

FLORIDA

Effective: 11/18/2021

Exceptions

Medical Reasons includes pregnancy or expectation of pregnancy
Religious reasons inquiries into the veracity of the employee’s religious beliefs prohibited
COVID-19 immunity from prior infection
Periodic testing
Employer-provided personal protective equipment (PPE)

State Forms Required

Must use actual or substantially similar forms created by the Florida Department of Health
If form submitted is complete, employer must permit exemption

Legal Authority / Guidance

Additional Requirements

Violations may be reported to the FL Attorney General who has authority to impose the following fines:
- Up to $10,000 for private entities employing less than 100 people
- Up to $50,000 for private entities employing 100 people or more

IOWA

Effective: 10/29/2021

Exceptions

Employee requests waiver and provides one of the following statements:
- Vaccine would be injurious to employee’s (or individual residing with employee) health and well-being
- Vaccine would conflict with religion

State Forms Required

No specific forms required

Legal Authority / Guidance

Legislation

Additional Requirements

Employees discharged for refusing vaccine may be able to receive unemployment benefits

KANSAS

Effective: 11/23/2021

Exceptions

Employee submits written waiver stating vaccine would:
- Endanger life or health of employee or an individual who resides with employee
- Violate religious beliefs and employer may not inquire into sincerity of request

State Forms Required

No specific forms required

Legal Authority / Guidance

Legislation

Additional Requirements

Terminated employee may file claim with secretary of labor
If secretary finds violation, KS Attorney General shall impose a civil penalty
- Up to $10,000 per violation for employers with fewer than 100 employees or
- Up to $50,000 per violation for employer with 100 or more employees
Employees terminated in violation of this law eligible for unemployment

NORTH DAKOTA

Effective: 11/15/2021

Exceptions

Certification that vaccine would endanger life or health of employee
Certification that vaccine is contrary to employee’s religious, philosophical, or moral beliefs
Prior immunity to COVID-19 permitted proof of COVID-19 antibodies is valid 6 months from date of test
Periodic testing

State Forms Required

No specific forms required

Legal Authority / Guidance

Legislation

TEXAS

Effective: 10/11/2021

Exceptions

Personal conscience
Religious Belief
Medical Reasons
Prior recovery from COVID-19

State Forms Required

No specific forms provided

Legal Authority / Guidance

Legislation

UTAH

Effective: 11/16/2021

Exceptions

Health reasons
Religious beliefs
Personal beliefs

State Forms Required

No specific forms provided

Legal Authority / Guidance

Legislation

Additional Requirements

Prohibits an adverse action against an employee who claims relief
Prohibits employer from keeping or maintaining records or copies of employee's proof of vaccination

WEST VIRGINIA

Effective: 1/20/2022

Exceptions

Exempt if employee presents:
- Notarized certification by Heath Care Provider stating medical exemption is required due to individual’s physical condition, a specific precaution or COVID-19 immunity
- Notarized certification by employee that religious beliefs prevent employee from receiving COVID-19 vaccination

State Forms Required

No specific forms provided

Legal Authority / Guidance

Legislation

Additional Requirements

Employer may not discriminate or penalize employees providing for exercising exemption rights

In addition to the states identified above, Montana prohibits private employers from discriminating against employees based on vaccination status or having an immunity passport. Montana statute, effective May 7, 2021, and guidance can be found here and here.

Also, Tennessee legislation, effective November 12, 2021, prevents employers from requiring its employees to show proof of vaccination and prevents employers from taking adverse action against employees who object to receiving a COVID-19 vaccine for any reason. The statute can be found here.

Matrix Can Help!

Matrix offers ADA and medical vaccine exemption services for its ADA clients. For more information about our solutions, please contact your Matrix or Reliance Standard account manager, or reach us at ping@matrixcos.com.