The next wave of COVID lawsuits and OSHA fines is coming (Part 1 of 2)

By John Munsell,Chief Executive Officer, Bizzuka

Immunity and lawsuits

The first wave of lawsuits from employees infected by COVID-19 is so prolific there is already a COVID lawsuit tracking map on the Fisher Phillips law firm website.

But a newer wave of lawsuits and OSHA fines is just about to let loose on thousands of employers.

And this wave is not about vaccines, masks, catching COVID, or spreading it.

It’s about immunity.

The CDC inadvertently opened up a can of worms a couple of weeks ago for employers that are demanding employees be vaccinated or terminated.

How?

Because the CDC has confirmed what over 150 other studies have previously found, and that is people who have already been infected with COVID-19 have the same, if not stronger, levels of immunity as people who have been vaccinated.

So, the science on this is now clear and irrefutable.

The purpose of the vaccine is to build immunity in people before they become infected with COVID-19. That’s the logical path for most who want to avoid this potentially deadly virus.

But for those who have had COVID and recovered, all studies show that there is little to no benefit for them to be vaccinated. In fact, recent numbers out of the US military are calling into question the safety of such a program.

Terminating someone who is already immune just because they haven’t been vaccinated might be inviting a new set of discriminatory lawsuits.

The implication by mandating vaccination is that your intent is to provide workplace immunity.

So, if you’re planning on terminating someone who is already immune just because they haven’t been vaccinated, you are likely going to be inviting a barrage of discriminatory lawsuits.

And if you’ve already terminated some people, you might want to think about walking back those terminations.

The global focus is now shifting toward managing COVID-19 immunity and away from vaccine compliance.

If you want to put a legal forcefield in front of your business to effectively block this Howitzer attack of lawsuits, you need to quickly put in place a system to monitor and manage COVID-19 immunity in the workplace.

Immunity testing is not new.

The CDC cautions against using standard IgG/IgM tests.

There are several tests available over the counter and in walk-in clinics, but they are notoriously inaccurate

So much so that the CDC cautions against using standard IgG/IgM tests because of the vagueness of their results and the inability to use them for any kind of actionable guidance.

In fact, the FDA just this past week clamped down on one company for making false claims of FDA approval on their neutralizing antibody test.

There is a new way, however, to manage immunity in the workforce.

It involves using a cutting edge, FDA/EUA assay and a patented software application.

We’ll cover that in the next post, but before we jump into immunity management, it’s important to understand there is an onslaught of OSHA inspectors headed your way. You’ll want to fully understand how and why, so you can start now to adjust your COVID protocols.


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