[Michlib-l] Unvaccinated Staff

Thu Jun 16 11:07:19 EDT 2022

Hello!

Libraries are encouraged to be extremely careful of treating employees differently solely because of their unvaccinated status.

This can cause unexpected legal issues, especially if the reason for the unvaccinated status is a medical condition,  or a religious belief.

Libraries should have policies and protocols in place, aligned with current MiOSHA requirements (such as the "general duty" rule), that protect employees in the workplace from any recognized hazard, including COVID-19.  . Requiring measures that are in excess of CDC/OSHA/MiOSHA  recommended  measures only for unvaccinated employees could be problematic. Policies/Protocols would likely require the employer to remain aware of the status of Covid infections in their community so that protocols may be increased or relaxed as necessary. The employer should also remain current with CDC Covid-19 guidance

Libraries should consult their library attorneys for guidance on implementing any policies/protocols that could negatively (or be interpreted as negatively) affect employees solely based on vaccination status.

Employees with underlying conditions that put them at higher risk for infection should talk with their medical care provider as well as their employer to determine if any ADA accommodations should be requested, or if any voluntary accommodations can be made by the employer to reduce the risk. (See EEOC document, below)

See:

EEOC Guidance on Covid-19 & the ADA (see especially section "G")- https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#E

Society for Human Resource Managers (SHRM) - Employers apply different requirements to vaccinated and unvaccinated employees - https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#E

Segregating unvaccinated workers? Think twice, attorneys warn: https://news.bloomberglaw.com/daily-labor-report/segregating-unvaccinated-workers-think-twice-attorneys-warn

CDC Covid-19 by County (Tool provides infection information and mitigating measure information tailored to the varying infection rates) https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html

MiOSHA Covid information contact https://www.michigan.gov/leo/bureaus-agencies/miosha/resources/ask-miosha

Employers and employees with questions regarding workplace safety and health may contact MIOSHA at 517-284-7777.

Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

Nourishing Michigan's Future during the summer!  Find a Summer Food Service Program site nearest you and encourage Michigan's children to Meet Up and Eat Up!    www.michigan.gov/meetupeatup<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.michigan.gov%2Fmeetupeatup&data=05%7C01%7CMembielaC%40michigan.gov%7C229be3d5c395412479f308da43410928%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637896243868604073%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=vB6cY61k1yFzX2wHGuTfN2rBGFVVaFMBX%2BeZpDQculY%3D&reserved=0>

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From: Michlib-l <michlib-l-bounces at mcls.org> On Behalf Of Julie Censke via Michlib-l
Sent: Saturday, July 31, 2021 1:50 PM
To: dreid reeseunitylibrary.org <dreid at reeseunitylibrary.org>; cgrimminck <cgrimminck at portlandmilibrary.com>; IL Jennifer Salgat <lkojen at llcoop.org>; lyonslib <lyonslib at hotmail.com>
Cc: michlib-l at mcls.org
Subject: Re: [Michlib-l] Unvaccinated Staff

CAUTION: This is an External email. Please send suspicious emails to abuse at michigan.gov<mailto:abuse at michigan.gov>

All of us have been vaccinated, but if someone chose not to or could not on the advice of their physician, we wouldn't separate them and make them feel like an "other."

Get Outlook for iOS<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Faka.ms%2Fo0ukef&data=04%7C01%7CMembielaC%40michigan.gov%7C985f7635ab63402a5a5008d9544c28f0%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637633508361723350%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=0qAlENFFtbI%2FSx%2B5jsn6hH2JNzEAyOQtcDC4cua99AE%3D&reserved=0>
________________________________
From: Michlib-l <michlib-l-bounces at mcls.org<mailto:michlib-l-bounces at mcls.org>> on behalf of dreid reeseunitylibrary.org via Michlib-l <michlib-l at mcls.org<mailto:michlib-l at mcls.org>>
Sent: Friday, July 30, 2021 11:52:51 AM
To: cgrimminck <cgrimminck at portlandmilibrary.com<mailto:cgrimminck at portlandmilibrary.com>>; IL Jennifer Salgat <lkojen at llcoop.org<mailto:lkojen at llcoop.org>>; lyonslib <lyonslib at hotmail.com<mailto:lyonslib at hotmail.com>>
Cc: michlib-l at mcls.org<mailto:michlib-l at mcls.org> <michlib-l at mcls.org<mailto:michlib-l at mcls.org>>
Subject: Re: [Michlib-l] Unvaccinated Staff

We also treat no one differently based on their vaccinated/unvaccinated status. We have 4 employees, including myself. Two are vaccinated, two are not. Our library no longer mandates masks, but anyone is more than welcome to wear them if they would like.

Thank you,

Danielle Reid, Director

Reese Unity District Library

2065 Gates St., PO Box 413

Reese, MI 48757

Phone: (989) 868-4120

Fax: (989) 868-4123

________________________________
From: Michlib-l <michlib-l-bounces at mcls.org<mailto:michlib-l-bounces at mcls.org>> on behalf of Lyons Library via Michlib-l <michlib-l at mcls.org<mailto:michlib-l at mcls.org>>
Sent: Friday, July 30, 2021 11:33 AM
To: Cory Grimminck <cgrimminck at portlandmilibrary.com<mailto:cgrimminck at portlandmilibrary.com>>; IL Jennifer Salgat <lkojen at llcoop.org<mailto:lkojen at llcoop.org>>
Cc: michlib-l at mcls.org<mailto:michlib-l at mcls.org> <michlib-l at mcls.org<mailto:michlib-l at mcls.org>>
Subject: Re: [Michlib-l] Unvaccinated Staff

We also do not separate, judge or treat anyone differently based on their medical status.

We do require that if anyone is not feeling well that they are not to come to work and if they ever start to feel sick while at work, they are required to notify management immediately.  Staff has been informed that if they prefer to wear a mask at any time, they are welcome to do so and if they prefer to have people keep their distance when being around their workstation, to let people know and everyone is to respect that request.

Between the cleaning/sanitizing that is done daily and staff being wonderful at respecting everyone around them (regardless of what other people's medical status may be) has created a safe working environment without treating others differently.  Ever since restrictions had been lifted, this process has helped us to maintain a very comfortable and respectful working environment for everyone which I am very grateful for.

Jennifer Kreiner
Director
Lyons Township District Library
240 E. Bridge St.
PO Box 185
Lyons,  MI 48851
(989) 855-3414

________________________________
From: Michlib-l <michlib-l-bounces at mcls.org<mailto:michlib-l-bounces at mcls.org>> on behalf of IL Jennifer Salgat via Michlib-l <michlib-l at mcls.org<mailto:michlib-l at mcls.org>>
Sent: Friday, July 30, 2021 10:58 AM
To: Cory Grimminck <cgrimminck at portlandmilibrary.com<mailto:cgrimminck at portlandmilibrary.com>>
Cc: michlib-l at mcls.org<mailto:michlib-l at mcls.org> <michlib-l at mcls.org<mailto:michlib-l at mcls.org>>
Subject: Re: [Michlib-l] Unvaccinated Staff

We don't separate,label, or treat anyone differently based on their medical status. We ask if anyone has any signs of any contagious illness to please stay home and the staff is very good about that.

________________________________
From: "Cory Grimminck via Michlib-l" <michlib-l at mcls.org<mailto:michlib-l at mcls.org>>
To: michlib-l at mcls.org<mailto:michlib-l at mcls.org>
Sent: Friday, July 30, 2021 10:32:14 AM
Subject: [Michlib-l] Unvaccinated Staff

Hello!

Now that all the COVID restrictions have been lifted and we only have to follow the (very vague and non-committal) OSHA rules, I was wondering what everyone is doing about unvaccinated staff.  Do you  make them wear a mask?  Do you try to separate them from the rest of your staff?  Or do you let them roam free?

Thanks for any feedback you can give me,
Cory Grimminck
Director, Portland District Library

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--
Jennifer Salgat
Director
Lake Odessa Community Library
1007 Fourth Avenue
Lake Odessa MI  48849
616.374.4591
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