Hello! Libraries are encouraged to be extremely careful of treating employees differently solely because of their unvaccinated status. This can cause unexpected legal issues, especially if the reason for the unvaccinated status is a medical condition, or a religious belief. Libraries should have policies and protocols in place, aligned with current MiOSHA requirements (such as the "general duty" rule), that protect employees in the workplace from any recognized hazard, including COVID-19. . Requiring measures that are in excess of CDC/OSHA/MiOSHA recommended measures only for unvaccinated employees could be problematic. Policies/Protocols would likely require the employer to remain aware of the status of Covid infections in their community so that protocols may be increased or relaxed as necessary. The employer should also remain current with CDC Covid-19 guidance Libraries should consult their library attorneys for guidance on implementing any policies/protocols that could negatively (or be interpreted as negatively) affect employees solely based on vaccination status. Employees with underlying conditions that put them at higher risk for infection should talk with their medical care provider as well as their employer to determine if any ADA accommodations should be requested, or if any voluntary accommodations can be made by the employer to reduce the risk. (See EEOC document, below) See: EEOC Guidance on Covid-19 & the ADA (see especially section "G")- https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabi... Society for Human Resource Managers (SHRM) - Employers apply different requirements to vaccinated and unvaccinated employees - https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabi... Segregating unvaccinated workers? Think twice, attorneys warn: https://news.bloomberglaw.com/daily-labor-report/segregating-unvaccinated-wo... CDC Covid-19 by County (Tool provides infection information and mitigating measure information tailored to the varying infection rates) https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html MiOSHA Covid information contact https://www.michigan.gov/leo/bureaus-agencies/miosha/resources/ask-miosha Employers and employees with questions regarding workplace safety and health may contact MIOSHA at 517-284-7777. Clare D. Membiela, MLS, J.D. Library Law Consultant Library of Michigan MembielaC@michigan.gov<mailto:MembielaC@michigan.gov> 517-335-8132 The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nourishing Michigan's Future during the summer! Find a Summer Food Service Program site nearest you and encourage Michigan's children to Meet Up and Eat Up! www.michigan.gov/meetupeatup<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.michigan.gov%2Fmeetupeatup&data=05%7C01%7CMembielaC%40michigan.gov%7C229be3d5c395412479f308da43410928%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637896243868604073%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=vB6cY61k1yFzX2wHGuTfN2rBGFVVaFMBX%2BeZpDQculY%3D&reserved=0> [cid:image001.png@01D8816D.988D6010] From: Michlib-l <michlib-l-bounces@mcls.org> On Behalf Of Julie Censke via Michlib-l Sent: Saturday, July 31, 2021 1:50 PM To: dreid reeseunitylibrary.org <dreid@reeseunitylibrary.org>; cgrimminck <cgrimminck@portlandmilibrary.com>; IL Jennifer Salgat <lkojen@llcoop.org>; lyonslib <lyonslib@hotmail.com> Cc: michlib-l@mcls.org Subject: Re: [Michlib-l] Unvaccinated Staff CAUTION: This is an External email. Please send suspicious emails to abuse@michigan.gov<mailto:abuse@michigan.gov> All of us have been vaccinated, but if someone chose not to or could not on the advice of their physician, we wouldn't separate them and make them feel like an "other." Get Outlook for iOS<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Faka.ms%2Fo0ukef&data=04%7C01%7CMembielaC%40michigan.gov%7C985f7635ab63402a5a5008d9544c28f0%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637633508361723350%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=0qAlENFFtbI%2FSx%2B5jsn6hH2JNzEAyOQtcDC4cua99AE%3D&reserved=0> ________________________________ From: Michlib-l <michlib-l-bounces@mcls.org<mailto:michlib-l-bounces@mcls.org>> on behalf of dreid reeseunitylibrary.org via Michlib-l <michlib-l@mcls.org<mailto:michlib-l@mcls.org>> Sent: Friday, July 30, 2021 11:52:51 AM To: cgrimminck <cgrimminck@portlandmilibrary.com<mailto:cgrimminck@portlandmilibrary.com>>; IL Jennifer Salgat <lkojen@llcoop.org<mailto:lkojen@llcoop.org>>; lyonslib <lyonslib@hotmail.com<mailto:lyonslib@hotmail.com>> Cc: michlib-l@mcls.org<mailto:michlib-l@mcls.org> <michlib-l@mcls.org<mailto:michlib-l@mcls.org>> Subject: Re: [Michlib-l] Unvaccinated Staff We also treat no one differently based on their vaccinated/unvaccinated status. We have 4 employees, including myself. Two are vaccinated, two are not. Our library no longer mandates masks, but anyone is more than welcome to wear them if they would like. Thank you, Danielle Reid, Director Reese Unity District Library 2065 Gates St., PO Box 413 Reese, MI 48757 Phone: (989) 868-4120 Fax: (989) 868-4123 ________________________________ From: Michlib-l <michlib-l-bounces@mcls.org<mailto:michlib-l-bounces@mcls.org>> on behalf of Lyons Library via Michlib-l <michlib-l@mcls.org<mailto:michlib-l@mcls.org>> Sent: Friday, July 30, 2021 11:33 AM To: Cory Grimminck <cgrimminck@portlandmilibrary.com<mailto:cgrimminck@portlandmilibrary.com>>; IL Jennifer Salgat <lkojen@llcoop.org<mailto:lkojen@llcoop.org>> Cc: michlib-l@mcls.org<mailto:michlib-l@mcls.org> <michlib-l@mcls.org<mailto:michlib-l@mcls.org>> Subject: Re: [Michlib-l] Unvaccinated Staff We also do not separate, judge or treat anyone differently based on their medical status. We do require that if anyone is not feeling well that they are not to come to work and if they ever start to feel sick while at work, they are required to notify management immediately. Staff has been informed that if they prefer to wear a mask at any time, they are welcome to do so and if they prefer to have people keep their distance when being around their workstation, to let people know and everyone is to respect that request. Between the cleaning/sanitizing that is done daily and staff being wonderful at respecting everyone around them (regardless of what other people's medical status may be) has created a safe working environment without treating others differently. Ever since restrictions had been lifted, this process has helped us to maintain a very comfortable and respectful working environment for everyone which I am very grateful for. Jennifer Kreiner Director Lyons Township District Library 240 E. Bridge St. PO Box 185 Lyons, MI 48851 (989) 855-3414 ________________________________ From: Michlib-l <michlib-l-bounces@mcls.org<mailto:michlib-l-bounces@mcls.org>> on behalf of IL Jennifer Salgat via Michlib-l <michlib-l@mcls.org<mailto:michlib-l@mcls.org>> Sent: Friday, July 30, 2021 10:58 AM To: Cory Grimminck <cgrimminck@portlandmilibrary.com<mailto:cgrimminck@portlandmilibrary.com>> Cc: michlib-l@mcls.org<mailto:michlib-l@mcls.org> <michlib-l@mcls.org<mailto:michlib-l@mcls.org>> Subject: Re: [Michlib-l] Unvaccinated Staff We don't separate,label, or treat anyone differently based on their medical status. We ask if anyone has any signs of any contagious illness to please stay home and the staff is very good about that. ________________________________ From: "Cory Grimminck via Michlib-l" <michlib-l@mcls.org<mailto:michlib-l@mcls.org>> To: michlib-l@mcls.org<mailto:michlib-l@mcls.org> Sent: Friday, July 30, 2021 10:32:14 AM Subject: [Michlib-l] Unvaccinated Staff Hello! Now that all the COVID restrictions have been lifted and we only have to follow the (very vague and non-committal) OSHA rules, I was wondering what everyone is doing about unvaccinated staff. Do you make them wear a mask? Do you try to separate them from the rest of your staff? Or do you let them roam free? Thanks for any feedback you can give me, Cory Grimminck Director, Portland District Library _______________________________________________ Michlib-l mailing list Michlib-l@mcls.org<mailto:Michlib-l@mcls.org> https://mail3.mcls.org/mailman/listinfo/michlib-l -- Jennifer Salgat Director Lake Odessa Community Library 1007 Fourth Avenue Lake Odessa MI 48849 616.374.4591
