Employer’s daily question: Are you Vacinnated Yet??
I consider the current environment as “Don’t ask, don’t tell” in the US. Under HIPAA privacy rules, I believe employers are not allowed to ask questions which violate medical privacy. I’ve been looking for it but not seen any high-level guidance that makes an exemption for COVID-19 vaccines. So we have two directives or guidelines in conflict with each other: the push for vaccination passports and HIPAA privacy.
Depending on how frisky you feel toward your employer, you may ask how their inquiry complies with HIPAA.
You might want to first check if this is your employer’s policy or if it is State mandated. I can not speak for Michigan, but it is the written policy of Cal/OSHA for me as a business owner to follow the exact steps your employer is starting. These are not the policies of the Federal OSHA regulations. If I don’t keep this list and follow the other guidelines you have described plus others that you have not, I could be subject to a fine for every violation. Included in the list of requirements is that I relinquish, upon request, all of this personal medical information to any Public Health organization.
I have not complied yet, but there are only seven of us in my office and I know the status of the 2 that have been vaxxed and the rest of us.
If yours is a state OSHA regulation, you should not expect to get relief from anybody and hope there are more of you then them.
HIPPA only relates to a healthcare facility or healthcare employee having to safeguard your health information. Apparently it is legal for an employer to ask an employee for this information. The employee is not required to divulge the information, but on the Cal/OSHA paperwork it says that anyone who declines to answer the question shall be assumed to be unvaxxed.