The Oregon Health Authority (OHA) has published forms that employees must provide to employers if requesting a medical or religious exception to the new temporary rule requiring healthcare providers and healthcare staff in healthcare settings to be fully vaccinated by October 18th. As a reminder, yesterday we provided information with the specific details of the new rule, including information on specific exceptions.
As an additional reminder, on or before October 18, 2021, covered healthcare providers and healthcare staff must provide their employer, contractor or responsible party with either:
- Proof of vaccination showing they are fully vaccinated; or
- Documentation of a medical or religious exception.
The rule states that a medical exception must be corroborated by a document signed by a medical provider, who is not the individual seeking the exception, certifying that the individual has a physical or mental impairment that limits the individual’s ability to receive a COVID-19 vaccination based on a specified medical diagnosis, and that specifies whether the impairment is temporary in nature or permanent. The medical exception form can be found here.
A religious exception must be corroborated by a document, on a form prescribed by the Oregon Health Authority (OHA), signed by the individual stating that the individual is requesting an exception from the COVID-19 vaccination requirement on the basis of a sincerely held religious belief and including a statement describing the way in which the vaccination requirement conflicts with the religious observance, practice, or belief of the individual. The religious exception form can be found here.
If such an exception is requested, employers have an obligation to consider reasonable accommodations and also take reasonable steps to ensure that unvaccinated healthcare providers and healthcare staff are protected from contracting and spreading COVID-19. This analysis should be done on a case by case basis in light of the individual’s specific job requirements. Potential accommodations include but are not limited to:
- Working a modified shift or schedule.
- Requiring periodic tests for COVID-19; please note that periodic testing, such as weekly testing, is only an option as a potential accommodation due to a medical or religious exception. It is not an option outside of those exceptions.
- Remote work.
- Being reassigned.
- Requiring face masks and shields.
- Modifying working areas.
- A combination of these options.
If no reasonable accommodations are available, some employees could face termination.
Additional resources for healthcare settings can be found through the OHA website.
Cascade is actively monitoring this situation and will keep you updated with any new information.