Many employers are struggling with how to handle employees during this version of the pandemic, midway through 2021 and during the ongoing implementation of vaccines. Companies would like to return to pre-pandemic “normalcy,” or some version of it, but are left juggling employee safety issues, maintenance of their company culture, and consideration of the various employment laws and pertinent, and often modified, guidelines.

Under the Occupational Safety and Health Act (OSH Act of 1970), employers are responsible for providing a safe and healthy workplace free from recognized hazards which are likely to cause death or serious physical harm. Since COVID-19 is considered a “recognized hazard” which has caused death and serious harm to many, companies believe mandating their employees take a vaccine is an effort toward eliminating or removing this recognized hazard from their respective workplaces. This decision, however, comes with several important considerations.