Florida Passes Legislation Banning Vaccine Mandate unless certain Exemptions are Provided

The State of Florida legislature passed a new law banning private employers from mandating COVID-19 vaccines unless several exemptions are offered to employees. The ban does not prevent private employers from requiring vaccines, however employers must certain exemptions for workers not to be vaccinated.

The exemptions are:

Medical Reasons

Religious Reason

Proof of Covid-19 “Immunity”

Use of Personal Protective Equipment (PPE)

Agreed Periodic Testing

The forms to use use for these exemptions can be found on the link below

http://www.floridahealth.gov/newsroom/2021/11/20211118-florida-department-health-covid19-vaccination-exemption-forms.pr.html

A great summary of the new legislation and an excellent breakdown of new law can be found at Fisher Philllips LLP. A link to their analysis can be found below.

https://www.fisherphillips.com/news-insights/florida-passes-legislation-banning-vaccine-mandates.html

Sixth Circuit Court to hear Lawsuits over Vaccine Rules Mandate

The Sixth Circuit Court of Appeals won the “lottery” selection as the court to decide the constitutionality of OSHA/Biden Administration vaccination mandate or weekly tests for employers with 100 or more employees.

Lawsuits challenging the rule came in quick succession. Within 10 days, 34 lawsuits were filed, covering all 12 regional circuit courts and giving each of those courts one entry a the lottery to determine which Circuit Court would resolve the issues. In a process resembling a Powerball drawing, a dozen ping pong balls, each representing one court, were placed into a wooden drum on Tuesday. The winning ball was drawn in Washington, D.C., by a selector from a judicial panel that oversees multidistrict litigation.

PEO Compass will continue to update you as matters develop. In the meantime, click on the link below to read more about the ongoing litigation over this issue.

https://www.npr.org/2021/11/16/1056121842/biden-lawsuit-osha-vaccine-mandate-court-lottery

Libertate Insurance adds new Workers Compensation Carrier

Libertate Insurance, an Assured Partner company, has added another workers compensation carrier to its impressive roster of existing carrier partners.

Libertate has partnered with Kinetic Insurance through Nationwide E & S to provide a new workers compensation solution combining coverage with safety technology.

Kinetic said its proprietary, patented technology has been verified by actuary firm Perr & Knight to reduce injury frequency up to 50-60% and lost workdays by 72%.

Kinetic provides wearable technology at no extra cost to policyholders in an effort to bring “big company safety culture within the reach of mid-market companies.” Employers can gain the risk management benefits of wearable tech within their existing workers’ compensation policy budget.

While Kinetic’s wearable technology is included at no extra cost with the insurance policy, policyholders must commit to using the technology with their workforce. As an additional incentive, policyholders who attain the minimum device usage may opt into a dividend program that could further reduce their net premium.

The Kinetic Reflex device detects unsafe postures and provides workers with real time feedback whenever a high-risk motion occurs. Over time, workers can use Reflex to improve their biomechanics, which the firm says can result in fewer injuries and improved well-being.

Safety managers can view risk data in the Kinetic dashboard, which can be used to make targeted changes to workplace processes that can help to reduce injury risk further.

Click on the link below to learn more about this new innovative workers compensation solution provided by Libertate Insurance, an Assured Partners company.

https://www.insurancejournal.com/news/national/2021/11/16/642468.htm

Mandatory Vaccinations-On Hold by 5th Circuit Court of Appeals

On November 4th, Department of Labor’s Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard with the backing of the Biden Administration requiring all employers of 100 or more employees to be vaccinated or undergo weekly Covid-19 mandatory testing. Employers would be required to remove employees from the workplace if they tested positive. The cost of an Employer violations would range from initial $7,000 to $70,000 for willful intent.

Soon thereafter the 5th Circuit Court of Appeals issued a temporary stay citing “grave statutory and constitutional issues” with the mandate. As of now the temporary stay is the law of the land until their is a conflicting ruling from another Circuit Court of Appeals.

Below are links to the stay order by the 5th Circuit Court of Appeals as well as key resources from the NAPEO regarding this matter.

We will continue to update as this matter progresses.

5th Circuit Court of Appeal

https://www.ca5.uscourts.gov/opinions/unpub/21/21-60845.0.pdf

NAPEO Covid-19 ETS comments

https://www.napeo.org/advocacy/what-we-advocate/federal-government-affairs/ets

NAPEO webinar regarding ETS is located on their website under webinar archive under legal governmental affairs titled OSHA Covid-19 Vaccine Mandate

.https://www.napeo.org/peo-resources/tools/webinars