Staying up to date on which organizations or industry sectors must track employee COVID-19 vaccinations has become quite a challenge.

Dean Harris, the Western Slope Area managing attorney for the Employers Council, explains the situation as it stands, including the U.S. Occupational, Safety and Health Administration emergency temporary standard for larger employer; the Centers for Medicare and Medicaid Services standard for health care providers; and Executive Order 14042 requiring vaccination of federal contractors workers.

On Jan. 13, the U.S. Supreme Court reinstated the stay preventing OSHA from enforcing its standard requiring vaccinations or masking for large employers. 

But the Supreme Court lifted the stay on the CMS standard, allowing the federal agency to enforce its mandate in every state but Texas. The mandate requires covered health care providers to track vaccination status of all employees, including booster doses; maintain proof of vaccination; track status of staff whose vaccinations must be temporarily delayed per CDC guidance; and track accommodation requests and determinations.

On Dec. 27, OSHA withdrew the non-record keeping portions of the health care standard until a permanent standard for COVID-19
related hazards is promulgated.  The record-keeping requirements for employers to maintain logs of all employee COVID cases regardless of whether they are considered work-related or not remains in effect, as does the reporting of COVID-19 work-related inpatient hospitalizations within 24 hours and fatalities within eight hours. But the requirement to notify employees of positive cases in the work place is no longer in effect.

Executive Order 14042 remains in effect. Neither the order nor the guidance issued by the Safer Federal Workforce Task Force impose any record keeping requirements on federal contractors.  Should a contractor be required to show it has complied with the order, however, the only way to do so would be to show records substantiating it examined employees’ proof of vaccinations. But failing to keep records does not in itself violate the order.

There’s a clearer idea of who must track employee vaccinations. But who’s permitted to track vaccinations? I’ve heard objections from employees requested to identify and verify vaccination status ranging from HIPAA protections to the Fifth Amendment right against self-incrimination. Neither of those objections are valid. Any employer may institute a vaccination program and verify and track vaccination status.  

The U.S. Equal Employment Opportunity Commission has made it clear employers may request information about an employee vaccination status and require employees to show proof of vaccination because the reasons why employees might not be vaccinated have nothing to do with disabilities or other protected statuses. But employers shouldn’t ask additional questions that would reveal the existence or extent of a disability unless the employee requests to forego vaccination because of a disability.  Employers must keep any information about vaccination status confidential — as they would any employee medical information.

It’s time to implement a process of securing vaccination status and storing digital copies of vaccination cards or proof in a secure and private method.  

One option would be a private questionnaire requesting dates of vaccinations, including a booster, and uploading photos of vaccination cards to an employee digital file. Confidentiality must be communicated and systems kept secure. 

Human resource capital management technology refers to processes involving everything from communications, expense reporting, payroll, regulatory compliance, surveys and time keeping. Engineered and encrypted technology is available to handle sensitive human resource and payroll information. Publicly traded organizations in the human capital management industry have the information technology infrastructure to further safeguard data at the highest levels one would see in all other areas of finance. 

Another factor to consider is the effects of a messy approach that could result in employee discontent and turnover. Legacy systems traditionally been been engineered for payroll administrators and have a transactional tone. Outdated systems can hinder an organization’s ability to grow, respond and optimize productivity. 

It’s essential to adapt to employee expectations that include collaboration, communication, engagement and transparency. In a time of the so-called Great Resignation, employees demand more from employers. While addressing vaccination tracking, maintain clear communication and engage employees. 

Human resources professionals who find themselves on the front lines need more resources, the newest technology and louder voices to drive organizational strategies.