Vaccination inquiry to clients of services
Has anyone given thought to asking clients (i.e. seniors utilizing a senior center, library patrons, etc.) if they have been vaccinated before being permitted to enter a facility? I know this leads to the question of whether a card will be required as proof and if not the client could just lie. Any thoughts on this issue are appreciated.
Bryon
Bryon C. Black
County Attorney
Frederick County, MD
12 E. Church Street
Frederick, MD 21701
T 301-600-1031
F 301-600-1161
In the "for what it's worth" department, this general topic has been one of the primary points of news and discussion for months.
An article in Forbes seemed interesting to me and somewhat addresses your question - excerpt follows:
"Without federal coordination, we are likely to see a patchwork of state, local, and private sector DHPs, with varying quality. Many businesses and colleges are already announcing they will require vaccinations. It’s therefore preferable to do so using sound scientific, technical, and ethical guidance, which only the federal government can provide.
States have broader powers to implement both vaccine mandates and a vaccine tracking system like a DHP, but also should be careful when restricting constitutional freedoms. New York State is currently testing a voluntary DHP called the Excelsior Pass. We may see more DHPs implemented in the coming months. If carefully designed, they are likely to be both legal and useful to help reopen portions of the economy that might otherwise remain shuttered, like concerts, sporting events, and indoor dining. Customers are more likely to frequent businesses if they trust that those surrounding them are vaccinated.
In fact, the idea of vaccine passports in the United States isn’t new, and you probably already have one, especially if you have attended elementary school or a higher education institution. Most schools require proof of vaccination for their enrolled students, and most colleges and universities require proof of certain vaccinations for students moving into dormitories. These private vaccine requirements are legal, and the private sector is the most likely venue where we will see both vaccine requirements and the implementation of DHPs to prove vaccination status. The Equal Employment Opportunity Commission (EEOC) has already stated clearly that employers can require Covid-19 vaccinations for their employees, and some private businesses, like nursing homes and hospitals, have already implemented these requirements. Businesses have a legal and ethical obligation to provide a safe working environment.
In order to avoid infringing on civil liberties, employers must also offer exemptions to vaccine requirements for medical reasons and sincerely held religious beliefs, or offer reasonable accommodations, such as telework, for persons with disabilities. "
Of some interest to me also was an OSHA ruling that employers can require vaccines but are liable for damages if an employee suffers injury or medical problems that appear caused by the vaccine.
On May 20, 2021 12:55 PM, "Black, Bryon" BBlack@FrederickCountyMD.gov wrote:
Has anyone given thought to asking clients (i.e. seniors utilizing a senior center, library patrons, etc.) if they have been vaccinated before being permitted to enter a facility? I know this leads to the question of whether a card will be required as proof and if not the client could just lie. Any thoughts on this issue are appreciated.
Bryon
Bryon C. Black
County Attorney
Frederick County, MD
12 E. Church Street
Frederick, MD 21701
T 301-600-1031
F 301-600-1161
Adding to the "for what it's worth" department, fake vaccination cards would also be an issue. Without a way to determine whether a client has a valid card, is there a point to asking for a card? I suppose asking to see a card without verifying authenticity falls into the category of CYA.
From: Brett Kriger bkriger@lma.org
Sent: Thursday, May 20, 2021 11:11 AM
To: Black, Bryon BBlack@FrederickCountyMD.gov
Cc: disasterrelief@lists.imla.org
Subject: [EXTERNAL] [Disasterrelief] Re: Vaccination inquiry to clients of services
In the "for what it's worth" department, this general topic has been one of the primary points of news and discussion for months.
An article in Forbes seemed interesting to me and somewhat addresses your question - excerpt follows:
"Without federal coordination, we are likely to see a patchwork of state, local, and private sector DHPs, with varying quality. Many businesses and colleges are already announcing they will require vaccinations. It's therefore preferable to do so using sound scientific, technical, and ethical guidance, which only the federal government can provide.
States have broader powers to implement both vaccine mandates and a vaccine tracking system like a DHP, but also should be careful when restricting constitutional freedoms. New York State is currently testing a voluntary DHP called the Excelsior Pass. We may see more DHPs implemented in the coming months. If carefully designed, they are likely to be both legal and useful to help reopen portions of the economy that might otherwise remain shuttered, like concerts, sporting events, and indoor dining. Customers are more likely to frequent businesses if they trust that those surrounding them are vaccinated.
In fact, the idea of vaccine passports in the United States isn't new, and you probably already have one, especially if you have attended elementary school or a higher education institution. Most schools require proof of vaccination for their enrolled students, and most colleges and universities require proof of certain vaccinations for students moving into dormitories. These private vaccine requirements are legal, and the private sector is the most likely venue where we will see both vaccine requirements and the implementation of DHPs to prove vaccination status. The Equal Employment Opportunity Commission (EEOC) has already stated clearly that employers can require Covid-19 vaccinations for their employees, and some private businesses, like nursing homes and hospitals, have already implemented these requirements. Businesses have a legal and ethical obligation to provide a safe working environment.
In order to avoid infringing on civil liberties, employers must also offer exemptions to vaccine requirements for medical reasons and sincerely held religious beliefs, or offer reasonable accommodations, such as telework, for persons with disabilities. "
Of some interest to me also was an OSHA ruling that employers can require vaccines but are liable for damages if an employee suffers injury or medical problems that appear caused by the vaccine.
On May 20, 2021 12:55 PM, "Black, Bryon" <BBlack@FrederickCountyMD.govmailto:BBlack@FrederickCountyMD.gov> wrote:
Has anyone given thought to asking clients (i.e. seniors utilizing a senior center, library patrons, etc.) if they have been vaccinated before being permitted to enter a facility? I know this leads to the question of whether a card will be required as proof and if not the client could just lie. Any thoughts on this issue are appreciated.
Bryon
Bryon C. Black
County Attorney
Frederick County, MD
12 E. Church Street
Frederick, MD 21701
T 301-600-1031
F 301-600-1161
CAUTION: This email originated from outside the County. Exercise caution when opening attachments or clicking links from unknown senders. Always follow the guidelines defined in the KnowBe4 training when opening email received from external sources. Contact the ITS Service Desk if you have any questions.
Many states, including mine (Arizona) have prohibited asking individuals for the vaccination status
From: Black, Bryon BBlack@FrederickCountyMD.gov
Sent: Thursday, May 20, 2021 10:55 AM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Vaccination inquiry to clients of services
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Has anyone given thought to asking clients (i.e. seniors utilizing a senior center, library patrons, etc.) if they have been vaccinated before being permitted to enter a facility? I know this leads to the question of whether a card will be required as proof and if not the client could just lie. Any thoughts on this issue are appreciated.
Bryon
Bryon C. Black
County Attorney
Frederick County, MD
12 E. Church Street
Frederick, MD 21701
T 301-600-1031
F 301-600-1161