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

By John Munsell,Chief Executive Officer, Bizzuka

OSHA has grown a pair of fangs. 

Last year, the agency was funded to hire hundreds of additional investigators in the anticipation that the Supreme Court would approve their ETS mandating vaccines and testing for businesses with more than 100 employees.

As you’re no doubt away, the SCOTUS has since found the ETS unconstitutional, but as OSHA states on their website:

“Although OSHA is withdrawing the vaccination and testing ETS as an enforceable emergency temporary standard, the agency is not withdrawing the ETS as a proposed rule. The agency is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard. OSHA strongly encourages vaccination of workers against the continuing dangers posed by COVID-19 in the workplace.”

In other words, their fight is far from over. 

Training of OSHA’s latest round of hires is wrapping up as we speak. And given that the Biden administration isn’t too happy about the SCOTUS ruling, OSHA’s new fleet of investigators will be looking for any small infraction to put pressure on businesses.

That means that a massive force of anxious new investigators ready to impress the boss are about to be unleashed on US employers in the coming weeks.

The protocols you put in place last year will likely not suffice given the new research, information, and tools that are now available.

OSHA investigators will be looking for COVID-19 protocol compliance as well as general workplace safety violations, so you should NOT delay getting your house in order. The protocols you put in place last year will likely not suffice given the new research, information, and tools that are now available.

If you want to keep OSHA fines and lawsuits at bay while keeping employees safe and confident in the workplace, you must rapidly shift your focus and your COVID strategy toward the embracement of immunity management.

What is immunity management?

Well, think of it this way: a PCR or rapid antigen test tells your employees where they stand today and at the specific moment in time that they took the test. It does not tell them how protected they will be 5 minutes later, much less 5 days later.

On the flip side, if you could get an insight into each individual employee’s protective levels of COVID-fighting antibodies, you could assess the collective protective status of your workforce’s health, even if someone walked into your workplace after receiving a false-negative read on their PCR test.

And each employee, armed with the knowledge that their unique level of COVID protection is significant enough to ward off serious infection, would probably feel a lot better about working all day in your work environment and then heading back home to their loved ones.

Managing your workforce according to COVID protective strength is far more accurate and safe than solely relying on PCR tests, vaccines, or booster timelines.

That is Immunity Management, and that is the new way to provide the safest work environment for your employees.

The good news is, immunity management is far less cumbersome and much less expensive than you probably think. In fact, most larger employers increase efficiency, decrease downtime, and decrease testing interruptions and inconveniences by moving to a process of managing immunity rather than vaccine status alone.

Most employers are testing unvaccinated employees weekly or potentially more frequently, but they aren’t testing vaccinated employees at all.

Right now, most employers are testing unvaccinated employees weekly or potentially more frequently, but they aren’t testing vaccinated employees at all.

That leaves a wide-open gap for viruses to enter and spread throughout the organization.

Furthermore, most employers are not monitoring the boosted status of vaccinated employees with any science-backed guidance other than timelines issued from the CDC. And those basically say if there’s a booster shot available, go get it.

Without measuring one’s individual immune strength prior to administering a booster shot, boosters would be late at best, wasted, or even dangerous at worst.

There are only two ways to get your body to produce neutralizing antibodies: The vaccine or the virus.

Neutralizing antibodies are well known to be your body’s primary defense mechanism when it comes to stopping COVID-19 and its variants.

Surrogate Virus Neutralization Tests (sVNTs) are the gold standard when it comes to quantifying a person’s concentration of neutralizing antibodies at a scalable level for work environments and school systems.

The Anzu Immunity Profile is an FDA/EUA approved sVNT extended with cutting edge assays that give individuals a unique look at their immune protection against the original strain of COVID-19, the Delta variant, and soon the Omicron variant. The assays are run in our CLIA certified lab and also incorporate an N1 antibody test to let you know if you’ve been exposed to the virus within the last 90-180 days.

EVE patient app

The test operates the same way as any other blood draw or finger stick blood test, with one unique exception: each test kit comes with a unique bar code, and the person being tested scans the bar code with his/her phone. That allows him/her to download the free mobile app, register the specimen, and then get notified in real-time when the results are complete.

The results are expressed as a percentage of neutralizing antibodies to overall antibodies. That makes it a clear and easy to understand indicator of one’s personal immune protection. The results are easily displayed and stored in the app as part of the patient’s unique ImmunoCard® history. If that person has been vaccinated, the vaccine history can also be stored in the ImmunoCard®.

It's important to note that the ImmunoCard® is not a physical card like your driver's license. The ImmunoCard® is an integral part of the EVE patient app.

If you’re an employer, each individual’s results are integrated into a cloud-based, HIPAA compliant dashboard that gives you instant access to the immune strength and retest dates of everyone on your team.

Neither the vaccine nor your antibody levels can prevent you from getting the virus, but they can protect you from getting seriously ill from the virus.

Knowing your own immune strength and building protocols around the immune strength of your employees is a key component of workplace safety in this COVID-19 era.

If you want to know more about the Immunity Management System, please contact us to set up an Immunity Protocol Review session with us today.

positive antibody test

We’ll help you think through your current protocols, walk you through a demo of the app and software, and then we can decide if this is the right fit for your organization.

Immunity Management is the key to ensuring your employees’ safety on and off the job--and reducing your risk of COVID lawsuits and OSHA fines.


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The Immunity Score

THE Critical Metric for Keeping People Safe in the Workplace