COVERAGE GUIDANCE MEMO: CIS DOES NOT COVER MEMBERS FOR INTENTIONAL VIOLATION OF STATUTES, ORDINANCES, OR REGULATIONS
Multiple Oregon counties and cities are considering ordinances and resolutions declaring their jurisdiction a “sanctuary” from COVID mandates, gun regulations, immigration laws and zoning rules. With an increasing number of entities asking CIS what effect their decisions and actions may have on liability coverage, we want to provide a brief summary of CIS’ coverage guidance so you can help your clients make informed decisions.
OSHA’S MANDATE-OR-TEST EMERGENCY RULE GETS SENT TO WHITE HOUSE FOR FINAL REVIEW: HOW EMPLOYERS CAN AVOID LIVING IN A LAND OF VACCINE CONFUSION
The Department of Labor just took the next step in advancing President Biden’s vaccine mandate-or-test emergency rule, sending the Emergency Temporary Standard to the White House’s regulatory office late yesterday. Coming on the heels of Texas Governor Greg Abbott’s announcement that he was barring employers from “compelling” employees to become vaccinated against COVID-19, and in the context of a patchwork of states that each seem to have their own approach to workplace safety rules, could yesterday’s news be the genesis of employers getting stuck in a land of confusion? In order to avoid any misunderstandings, here is a brief recap of what just happened, what to expect in the coming days and weeks, and how employers in different states will be impacted by the impending development.
WHAT LEGAL CHALLENGES WILL AWAIT THE OSHA VACCINE EMERGENCY TEMPORARY STANDARD?
As part of his administration’s plan to combat the COVID-19 pandemic, President Joe Biden recently announced a “six-pronged, comprehensive national strategy” to use every tool at his disposal to enforce vaccine and testing requirements. The centerpiece of this strategy: an impending Emergency Temporary Standard (ETS) from the Occupational Safety and Health Administration (OSHA) that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any unvaccinated workers to be tested weekly. Even with the specifics of the ETS likely to be announced soon, even larger questions remain: what legal challenges will await the ETS – and will they succeed?
COVID VACCINATIONS AND THE WORKPLACE
The Equal Employment Opportunity Commission (EEOC) has released guidance under federal law that makes it clear that employers may require workers to receive a COVID-19 vaccine – with limited exceptions. This is also true under Oregon law.
Employers cannot require COVID-19 vaccinations in the workplace if they employ specific types of workers or have contractual limitations. Workers may make requests for exemptions or accommodations due to disability or religion.
Employees exempt by law:
Most workplaces can require employees to get a COVID-19 vaccine, but some types of workers are exempt by law. Exempt workers include: firefighters, law enforcement officers, corrections officers, or parole and probation officers. See ORS 433.416(3). “Workers” mentioned there are defined at ORS 433.407(3).
HEALTHCARE PROVIDER AND HEALTHCARE STAFF VACCINE RULE FAQS
The Oregon Health Authority has provided this FAQ about Oregon Administrative Rule (OAR) 333-019-1010, COVID-19 Vaccination Requirement for Healthcare Providers and Healthcare Staff in Healthcare Settings. These FAQ may be intermittently updated.
RENEWED MASKING REQUIREMENTS IN RULES ADDRESSING THE COVID-19 PUBLIC HEALTH EMERGENCY IN ALL WORKPLACES
Oregon OSHA is making two substantive changes to OAR 437-001-0744: Rule Addressing COVID-19 Workplace Risks (COVID-19 rule) in response to newly-issued rules on masking requirements from the Oregon Health Authority (OHA). The changes align with OHA’s response to the highly-infectious COVID-19 Delta variant, which, as of August 2021, accounts for more than 90 percent of diagnosed cases in Oregon. The Delta variant is approximately two to three times more infectious than early COVID-19 variants, and it has resulted in surging hospital bed usage and reduced hospital capacity in Oregon from COVID-19 patients.
COVID-19 VACCINE UPDATE FOR OREGON PUBLIC EMPLOYERS
As it looked like the two vaccines would become more available, CIS members began asking questions about the availability and administration in their workplaces. They had pertinent questions as they continue to balance providing a safe and healthy workplace, and employees rights. The most frequent questions and CIS recommendations are included in this article.
GUIDANCE FOR REOPENING OUTDOOR RECREATION AREAS
As you prepare to reopen your parks and outdoor recreational areas, you may have questions about how to do it more safely. At CIS, we wanted to share our best practices guidance — as well as some advice from both the Oregon Health Authority and National Recreation and Parks Association. There are also park-related exposures you should be aware of.
LOGISTICAL GUIDANCE FOR REOPENING LOCAL GOVERNMENTS’ BUILDINGS TO THE PUBLIC
CIS provides this Logistical Guidance and checklist of considerations to assist local governments as they develop plans to reopen their buildings to the public. It is designed to be useful to the widest possible audience and may require personalization to address the unique needs of your organization or a particular department within your organization. If the local government works in a county whose Phase 1 plan has been approved by the State of Oregon, any reopening plans must be made in conformance with the Phase 1 plan.
Included:
- Legal Requirements Placed on Local Governments
- Best Practices for Implementing a Program for Taking Visitors' Temperatures During the COVID-19 Pandemic
- Responding to Visitors Who do Not Abide by the Local Government's Restrictions
- Contact Tracing
FEDERAL GOVERNMENT PROTECTS LOCAL AND STATE GOVERNMENTS FROM COVID-19 LIABILITY EXPOSURES
Liability concerns should not get in the way of providing necessary services to battle the pandemic, the federal government is providing immunity from state and federal lawsuits to local, government-organized COVID-19 testing and treatment.
CIS WORKSITE RISK MANAGEMENT GUIDANCE FOR EMPLOYERS
CIS has developed the following info sheets based on the latest recommendations from Oregon OSHA.
AGILITY RECOVERY SERVICES AND COVID-19 RESOURCE ASSISTANCE
Discover how you can tap into Agility Recovery for assistance in responding to the coronavirus pandemic.
ANSWERS TO OREGON PUBLIC EMPLOYERS MOST PRESSING QUESTIONS
Public employers are faced with the delicate balancing act of providing a safe workplace and an individual employee’s rights to be free from discrimination. There are many questions the reasonable and prudent employer may have, and some are outlined here.
CIS EXCLUDES COMMUNICABLE DISEASE - ADDS $100,000 DEFENSE COVERAGE FOR CORONAVIRUS CLAIMS
Offering limited defense coverage for communicable disease claims is one more benefit of participating in a member pool. It’s also a benefit that commercial insurance would not provide.
CORONAVIRUS AND CIS WORKERS' COMPENSATION, PROPERTY, VEHICLE, AND LIABILITY COVERAGE
When and what will be covered by your CIS policy.
CIS COVERAGE AND RISK MANAGEMENT REQUIREMENTS FOR SHELTERS
CIS is your partner in managing your risk exposure during a public health emergency, such as the COVID-19 outbreak, while you serve your community. Your CIS coverage is a key piece of your total risk management efforts during this uncertain time. In managing the risks inherent in a pandemic response, CIS’ coverage is best paired with risk transfer provisions in your agreements with other service providers.
CIS BENEFITS COVERAGE — COVID-19 TESTING, CONTINUATION OF COVERAGE, AND SHORT-TERM DISABILITY
Copays, coinsurance, and deductibles for physician-recommended COVID-19 testing/visit costs for in-network providers will be waived for Regence medical plans (Copay & HDHP*) and the Kaiser medical plans (Copay & Deductible). Treatment for the virus will continue to be covered under regular plan benefits.
CIS BENEFITS COVERAGE — INSURANCE CONTINUATION - FURLOUGH VS. LAYOFF, AND MORE
This member update outlines the different employer options to continue to pay premiums on behalf of employees if they're furloughed or laid off; how COVID-19 impacts (or doesn't) the ACA requirements, and benefit reminders and changes to share with your employees.
CIS BENEFITS COVERAGE — ADDITIONAL BENEFIT ENHANCEMENTS
Based on the continuing challenges of the COVID-19 pandemic, additional benefit enhancements have been made to the Regence and Kaiser medical plans. Please review the changes below and remember that the enhancements are currently available only through May 31, 2020. Time will tell what happens beyond May.
FREE COVID-19 WORKPLACE PREPAREDNESS COURSE
This free COVID-19 course describes workplace preparedness — as well as symptoms and how to care for someone at home (if a family member contracts the virus). The course is accessible to all Property/Liability, Workers’ Compensation, and Employee Benefits members and agents. Please note, an active account is required to access the course.
Public Safety Resources
Additional Resources
