TRANSFORMING TEAMS

Mandating the vaccine

A0 0 a close, we started fielding questions from clients about whether they could require employees to obtain a CO I -1 vaccine as a condition of employment. These questions were sparked by the initial rollout of vaccinations for front-line health care workers and nursing home residents and the alarming spike of CO I infections across the country during the holiday season. While vaccination of the general population is still a few months away, many of our clients have been deemed essential businesses and therefore will likely have access to the vaccine ahead of the general population. So while the question of whether to require a CO I vaccine isn’t imminent for most businesses, now is the time to think about what your strategy will be.

Can employers require employees to get vaccinated?

The answer to this question essentially is yes. In ecember, the EEOC issued guidance stating that a CO I vaccine, administered by an employer or a third-party administrator on behalf of an employer is not a medical examination and is permissible. While the EEOC deemed such a requirement permissible, they stated that employers should have a well-articulated business reason for requiring the vaccine, such as the need to protect the health of employees or clients, or the need to travel, work with vulnerable populations, or work in close quarters with others.

The EEOC also cautioned that employers must provide “reasonable accommodation” to employees who either are unable to receive a vaccine due to a medical condition or due to a “sincerely held religious belief.” A reasonable accommodation may include allowing an employee to work from home, isolate from other workers, or significantly adjust work duties to provide protections from the

Q. Can I as an employer require my employees to get a vaccine for COVID?

A. Yes, the EEOC recently advised that employers are within their rights to require a COVID vaccine as a condition of employment. Employers must, however, provide reasonable accommodation for those who cannot take the vaccine due either to a medical condition or to a sincerely held religious belief as provided under the Americans with Disabilities Act and Title VII of the Civil Rights Act.

At this point, our recommendation to employers is to start with a positive, voluntary program before wading into the challenges posed by mandating the vaccine. Of course, we encourage employers to seek our advice or the advice of legal counsel before moving forward with a policy. general employee population. Under the Americans with isabilities Act (A A) and Title II of the Civil Rights Act, employers must allow reasonable accommodations such as these as long as providing the accommodation doesn’t cause “undue hardship” for the employer.

The EEOC also cautioned employers who plan on requiring a vaccination to be careful not to violate employees’ rights when asking the sort of health screening questions that will likely be necessary in order to ensure there are no underlying medical reasons for which the employee should not receive a vaccine. Because of this, the EEOC advises that employers should consider making vaccinations voluntary or should have a third party administer all aspects of the vaccination process.

Along the same lines, if the employer plans to require proof of vaccination, they need to take care not to pursue the reasons why an employee was unable to obtain the vaccine. That’s unless they can argue that the employer had a reasonable belief that the employee’s refusal to provide their own protected medical information concerning their inability to receive the vaccine poses a significant risk of substantial harm to the health or safety of the individual or others. In other words, be ready for a lawsuit.

To be safe, if an employer elects to require a CO I vaccine, they must: Exercise care in administering the vaccine and consider outsourcing the entire process to a third party Refrain from asking any unnecessary health screening questions eep confidential any medical information received from employees, and Be prepared to engage with any employees who request accommodation or seek an exemption from the vaccination due to medical or religious reasons.

We strongly encourage employers to also lead by example in their approach to taking the vaccine and, thereafter, to continue to maintain safe social distancing and use of PPE.

In the case of employees requiring reasonable accommodation, you should consider and review each case carefully before taking an adverse action against an employee for failing to obtain a vaccine. It is also important not to substitute your wants and opinions for those of the employee’s doctor who is making the determination on whether the employee should receive the vaccine. And for those who cannot take the vaccine, it is important not to discriminate, retaliate, harass or otherwise disadvantage the employee in terms of job duties and pay as a result of their inability to get inoculated. Also be careful to keep all information confi dential and not communicate who has and has not been vaccinated.

Finally, if you are considering requiring a vaccine, you may want to take stock of how your employees responded to many of the precautionary measures you may have required over the past few months, including following social distancing protocols, consistent and appropriate wearing of masks, and overall compliance with the safety protocols put in place since the outbreak of CO I . If maintaining a safe workforce was challenging, you can anticipate the issues related to mandating, communicating, educating, tracking and accommodating employees during this process will be equally if not more challenging.

Just because they can require a vaccine, doesn’t mean they should.

Our advice for employers is to take steps toward encouraging vaccines before they decide to mandate them. For a number of reasons, employees may be reluctant to get a vaccine—either because of legitimate health concerns or religious beliefs, or because of personal beliefs, privacy issues, and or political concerns. While mandating the vaccine may be ultimately appropriate, we advise employers to encourage vaccines as a fi rst step.

If taking this approach, employers could: Encourage vaccinations as part of a larger workplace wellness campaign, supported by goals and challenges and positive incentives Provide educational campaigns for employees to address concerns, including perhaps inviting a medical professional to address employees’ confi dential health concerns Give employees time off with pay to obtain the vaccine and, if necessary, to convalesce from the inoculation, and Lead by example by taking the fi rst vaccine and celebrating the fi rst step toward beating the pandemic.

We’re not out of the woods yet.

Finally, although the end of the pandemic seems within sight, we are still battling the highest level of infections at any point since the pandemic started. The virus is increasingly contagious if not virulent and even those who get vaccines will still need to mask and socially distance until more about the disease can be learned. For the time being, stay vigilant in protecting your employees, your clients, and your communities and spend some time now imagining how you and your employees will celebrate when this wretched disease is behind us

Claudia St. John

SP R, S RM-SCP, President A nity R Group contact a nityhrgroup.com

ARIZONA home center with indoor lumberyard is just months away from completion.

New Home Center Nears Opening in Arizona

Alliance ome Improvement Center remains on track to open its new home center this spring in Prescott alley, Az.

The new store will feature a fullservice hardware store, drive-thru indoor lumberyard, equipment rentals, and jobsite delivery.

A “Culinary Corner” will not only sell pots, pans, knives and kitchen gadgets, but also let shoppers test them out in demos and cooking classes. An on-site eatery, the Lumberyard itchen, will offer breakfast, burgers and the like.

A IC will also unveil its own membership program, with a premier package that includes a free project delivery program, knife sharpening, key making, and more.

Century-Old Oregon Lumberyard Changes Hands

im and Terri Russell, owners of 1 1 Lumber, oseph, Or., since 1 , sold the business on an. 1 to evin and Nancy o Coddington.

With the Russells ready to retire, the idea to purchase the lumberyard came from Nancy o’s uncle and aunt, Brad and Missy Farmer, who recently purchased a retirement home in oseph. They helped finance the acquisition and, once they relocate to the area, will help to operate it.

“ e’s got sawdust in his blood and been working in lumberyards for years,” evin Coddington explained. “ is idea of retirement was to buy a lumberyard.” International Wood

Products, Clackamas, Or., is now exclusive distributor of Windsor Mill’s Vintage Tight Knot Boards in Oregon and Washington.

Wausau Supply Co., Limon, Co., is now distributing Envision Building Products’ Envision

composite decking in Colorado and northern New Mexico.

Nova USA Wood Products,

Portland, Or., recently completed its 15th anniversary with a 100% increase in year-to-year sales revenues for its wood stain and fastening products.

Watermill Group, Lexington,

Ma., has acquired Ontario-based distributor/remanufacturer Weston Forest.

Bridgestone Americas is selling its Firestone Building Products division to Switzerlandbased LafargeHolcim for $3.4 billion.

Fiberon this month is launching the Fiberon Virtual Experience, an online venue for introducing new products, sharing education, and equipping dealers with sales tools.

Benjamin Obdyke has

relaunched its website—www. benjaminobdyke.com—with new features, eye-catching aesthetics, and enhanced functionality.

The Roofing Alliance , the

foundation of the National Roofing Contractors Association, is celebrating its 25th anniversary.

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Construction has been completed on the new enver, Co., headquarters of TruStile.

The company’s new 10,000-sq. ft. includes about 0,000 sq. ft. of office space and 0,000 sq. ft. of manufacturing production space with a large outdoor amenity deck. Every door throughout the facility showcases a different model designed and manufactured by TruStile, creating a walking showroom of the brand.

Like TruStile’s products, the design blends modern technology with old world craftsmanship. Utilizing a modern mountain aesthetic, the space includes an expansive reception and lounge area with steam fireplace, clientfacing conference training rooms, open and private o ces, collaborative areas huddle rooms, fitness center, and caf with exterior patio. To reflect its target residential market, the space incorporates furniture, lamps and accessories such as books and houseplants to give it a more residential feel.

Access to natural light was also a top priority for TruStile. The design team ensured the layout of the open o ce areas and primary amenity areas were located near windows as much as possible. By incorporating windows in the training room and at various points in the office, architects and designers touring the space can also get an inside look at the 0,000-sq. ft. production area. All glazing, both interior and exterior, was designed and manufactured by TruStile’s parent company, Marvin Windows oors.

The project was designed to be environmentally friendly, with a two-story mechanical building on the north side of the facility that houses a biomass boiler. The boiler converts sawdust that is produced through the manufacturing process into energy used for heating cooling the facility.

“TruStile previously operated out of four buildings in north enver. This new headquarters brings all of TruStile’s operations together under one roof, doubling their square footage and giving them plenty of room for future growth,” said Matt Chaiken, principal of contractor Ware Malcomb’s enver o ce.

TRUSTILE’S new Denver headquarters brings together four different operations in one facility.

PLANS for an expanded home for Healdsburg Lumber are moving forward. Healdsburg Lumber Gets Green Light

ealdsburg Lumber Co., ealdsburg, Ca., has received the go-ahead from the local planning commission to expand an existing lumber storage yard to allow the relocation of its current retail, o ce, door shop, and storage from its current location on udson Street.

The proposed new location is about three miles north, on a . -acre paved site with an existing 1 , 00-sq. ft. covered lumber storage facility and , -sq. ft. main building.

The transformation will entail expanding the existing warehouse, with more retail space and design meeting rooms on the first floor and offices and storage on the second floor. esign features include large widows along the storefront for an open, airy feel, recessed wood laminate, steel trellises, a living wall, elevated tower, dark wood colors with earthy tones, and dark brown concrete wainscoting on the lower portion of the building.

The 1-space parking lot will be shielded to eliminate light pollution.