Mandatory Vaccination or Weekly Test Papers

As “regulars” will know, I took a part time job with my Dentist to help him out. His regular I.T. Guy retired and moved out of State (wait, wasn’t that what I’m doing?… yes, but I’m still here for a while…) I don’t really need the money, but it didn’t hurt and let me buy a few new toys along the way. (One I got today was a DeLorme Atlas of Arizona to plot a rural course across the state should the Dims in D.C.decide “your papers please!” applies at State Borders…)

So now comes my dilemma. Fill them out and turn them in to keep helping a friend I’ve known for about 35 years? Or stand by my principles, disappoint an old friend (and long time service provider to my family) and hand him back a load of I.T. problems without a support person?

The Details:

First, I’ve got him HIPPA compliant for now. There’s still some upgrades to do and a log archival process to complete, but his shop runs and any “defects” in a HIPPA audit will be new things to fix, not $10k penalties. I’ve done a decent job of squashing anything big. But there’s a lot of “putty and Spackle work” left to do.

Second, I’m leaving the State in a few weeks to months anyway, so intended to give an “early warning” to start looking soon anyway. But the present situation would be a sudden “cut”.

Then there’s the Documents / Policy:

It looks like a Dental Association Boiler Plate. He’s vaccinated and pro-covid-vax, so doesn’t see this as an issue. That’s going to be an issue in itself. (I’ve told him about my Ivermectin use and he was fine with that; but the “paperwork” isn’t).

https://www.cda.org/Home/Practice/Back-to-Practice/Preparing-your-Practice/Restarting-Office-Equipment/covid-19-mandatory-policy-instructions-for-employers-and-sample-mandatory-vaccination-policy

The Instuctions that have a link to a “.docx” document. It looks like the same thing I was given on paper (I’ve bolded some items and it is missing the Cal. D.Assoc. header):

Mandatory COVID-19 Vaccination Policy

[Insert new policy effective date here]

In accordance with [employer name]’s duty to provide and maintain a workplace that is free of known hazards, we are adopting this policy to safeguard the health of our employees and their families, our customers and visitors and the community at large from infectious diseases, such as COVID-19, that may be reduced by vaccinations. This policy complies with all applicable laws and is based on guidance from the Centers for Disease Control and Prevention and state and local health authorities as applicable.

Scope
All employees are required to receive vaccinations as determined by [insert employer name] unless a reasonable accommodation is approved. Employees who are not fully vaccinated in compliance with this policy will be required to wear a surgical mask at all times and be subject to weekly COVID-19 testing.

Unvaccinated or incompletely vaccinated workers must also observe all other infection control requirements, including masking, and are not exempted from the testing requirement even if they have a medical contraindication to vaccination, since they are still potentially able to spread the illness. Previous history of COVID-19 from which the individual recovered more than 90 days earlier or a previous positive antibody test for COVID-19 do not waive this requirement for testing.

Procedures
Employer will notify employees of the timeframe for having the vaccine administered. [Employer name] will provide either onsite access to the vaccine or a list of locations to assist employees in receiving vaccines on their own.

[Employer name]will pay for any out-of-pocket expense for all vaccinations covered by this policy. When not received in-house, any fees associated with obtaining the vaccination should be run through employees’ health insurance where applicable and otherwise be submitted for reimbursement.

All employees will be paid for time taken to receive vaccinations. For offsite vaccinations, employees are to work with their manager to schedule appropriate time to comply with this policy.

Before the stated deadlines to be vaccinated have expired, employees will be required to provide either proof of vaccination or a written approved reasonable accommodation to be exempted from the vaccine requirements. Employees who do not provide timely proof of vaccination will be required to submit to weekly COVID-19 testing and wear an approved face covering at all times while in the workplace and when engaging with patients/customers unless an approved exemption from wearing a face covering has been provided.

Reasonable accommodation
Employees in need of an exemption from this policy due to a medical reason or because of a sincerely held religious belief must submit a completed Request for Accommodation form to the employer to begin the interactive accommodation process as soon as possible after vaccination deadlines have been announced. Accommodations will be granted where they do not cause employer undue hardship or pose a direct threat to the health and safety of others.
Please direct any questions regarding this policy to the [employer or representative].
On [insert date here], I acknowledge that I have received the following [new] policy for the [practice/employer name here]’s employee manual.

My signature below indicates that I have read and understand the above-mentioned statements and I understand that it is my responsibility to read and comply with this policy. I further understand that I should consult [Insert practice contact name here] regarding any questions raised by this policy and not answered in the employee manual.

Employee name (printed):

Employee signature:

Date:

So, OK, pay for the Jab but not for the Tests…

Note there is no exception for folks working off hours when patients are not in and I can work on the computer stuff.

Note that there is a claim that all of this complies with law, yet it violates the Americans With Disabilities Act (M.S. folks can’t get the jab, so lose their job), HIPPA (I must disclose my medical information), and the Nuremberg Codes (injection without fully informed consent – Pfizer / Moderna threw away their Control Group, and can NOT have completed the necessary testing for long term effects, heck, even medium term such as ADE; so it is impossible to be fully informed and give informed consent).

Notice that there is NO RECOGNITION that “fully vaccinated” folks are the ones spreading Delta as “Superspreaders” who don’t know they are shedding virus like crazy without symptoms.

Notice there is no recognition of prophylaxis treatments, such as used by the FLCCC Front Line Doctors, which are shown effective at prevention of infection, and so, shedding.

Then, I might be granted an exemption if I’m able to make a compelling case that doesn’t unduly bother the employer.

Oh, and I stopped at CVS pharmacy to buy a “Test Kit”. Oddly, that had a push cart with many cartons of them on it. Somebody had to start making those months ago for them to be on site now…

One sends the results to your cell phone, and costs $40. Why you would want that is unclear to me. I bought an Abbott labs kit that has two swabs and chem packs for two tests for $30, or $15 each. (It reads a color stripe off the chem pack for positive or negative) So the MINIMUM I can be stuck with is $15 / week or about $750 for a 50 week year (assuming I get vacation time ;-)

But Wait, there’s more!

Self Certification Of Vaccination Status doesn’t sound so bad, does it. “I’m not vaccinated”. End of story? Nope.

https://www.cda.org/Home/Resource-Library/Resources/category/vaccine-resources/self-certification-of-employee-vaccination-status

Points to a PDF link for the document. I’m going to cut/paste the text and that may need some formatting clean-up, changes. Again I’m also going to bold a few bits so they are easy to spot.

Self-Certification of Employee Vaccination Status
Employer Name: _____________________________________________
Employee Name: _____________________________________________
Date of Birth: _____________________________________________

Per Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS), all businesses and governmental entities in California are required to determine and document the COVID-19 vaccination status of their employees. In light of this requirement, you must provide the information requested below.

Please note that you are required to provide accurate information about your vaccination status in response to the questions below, or alternatively may decline to provide your vaccination status. If you decline to provide information about your vaccination status, we will be required to assume you are unvaccinated for purposes of rules or requirements in the workplace that are different for vaccinated or unvaccinated employees. For example, if requirements on face coverings allow fully vaccinated employees not to wear face coverings in certain settings, the information collected below will be used to determine whether you will be required to wear a face covering in those settings.

For purposes of this certification, you are considered “fully vaccinated” two weeks after completing the second dose of a two-dose COVID-19 vaccine (e.g., Pfizer or Moderna) or two weeks after receiving a single dose of a one-dose vaccine (e.g., Johnson & Johnson/Janssen)

Please select the statement below that accurately describes your vaccination status:

O   I am fully vaccinated.
O   I received my second dose of the Pfizer or Moderna vaccine 
    my single dose of a Johnson & Johnson vaccine less   
    than two weeks ago.
O   I received my first dose of Moderna or Pfizer, and my 
    second appointment is scheduled.
O   I have not yet been vaccinated, but I have already scheduled 
    an appointment to receive my first dose of vaccine.
O   I have not been vaccinated.
O   I decline to answer whether I have been vaccinated.

I understand that I am required to provide accurate information in response to the question above. I hereby affirm that I have accurately and truthfully answered the question above. I also understand that if I stated that I am fully vaccinated, my employer must request documentation of my vaccination status (e.g., a copy of my vaccine card or other similar official document confirming vaccination status).

I consent to my employer sharing this information with the local health department, CDPH, the Division, and(NIOSH) when required by law.

Employee Signature: _____________________________________________
Date: _____________________________________________

I have been shown acceptable proof and verified the employee’s full COVID-19 vaccine status.

Signature of Representative: __________________________________________________

Lucky us, California has it’s own OSHA, Cal-OSHA that is more draconian than the Feds one. Now normally I’d not be bothered too much by a vaccination record. However, what with the Nightly News (NBC at least) and a few Democrats In D.C. claiming that anyone NOT supporting the Government Get Vaxxed position is a “Domestic Terrorist” and what with Clintons to Obama to Biden’s supporting cast members loving their “Enemies Lists” – I’m seeing this a a Great Way to get a full Enemies List of folks not willing to comply.

Again note that there is NO option on that check box list for “I have natural immunity confirmed by antibody test” nor is there “I am on effective prophylaxis”.

This smells to me like a Big “Bums Rush”. Just “why” is a little fuzzy.

Then, your “status” can be shared with a laundry list of Agencies beholden to Political Powers Above Them.

Local Department of Health (who, in at least one case, took a woman’s daughter away as she was not vexxinated).

California Department Of Public Health (at least I think that’s what CDPH is) who are firmly in the DNC Pocket via Gov. Nuesance…

I have no idea what “the Division” might be.

National Institute For Occupational Safety And Health – A Biden Friendly bunch of folks I’m sure.

Now tell me again why my private medical information and decisions are to be shared all over the place to agencies with agenda that are not friendly to me?

In Conclusion

I’m not looking forward to tomorrow. I’m pretty sure I’ve got to say “No. Not complying” and just take things as they come.

I’ll try to comfort my sense of loyalty and friendship being abused by the “No” with the awareness that it is not me making this choice. I had the choice forced upon me and against my will.

But I just don’t see how I can comply with a Vaccine Passport even if dressed up as a “Policy”. I have my own policies. And make my own medical decisions.

So that’s where I’m at. We’ll see how this sorts out. I can likely wangle a week or two of “non-compliance” to write up a road map for future improvements for “the next guy” and clean up the loose ends before I leave.

It also only really moves up the “schedule” by about a month, 2 max, so there’s that.

Addendum

This is the guidance / directions for the “Self Certification” document (I’ve bolded the bit at the bottom where it extends to “independent contractors”):

Self-Certification of Employee Vaccination Status
July 27, 2021 10732 Print this page

Instructions

Employers looking to take advantage of the exceptions for social distancing, required testing, workplace exclusions and face coverings must have documentation showing employees are fully vaccinated, according to the Cal/OSHA Emergency Temporary Standards (ETS).

As defined in the ETS, a “fully vaccinated” employee* means the employer has documentation showing that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single-dose COVID-19 vaccine. Vaccines must be FDA approved or have an emergency use authorization from the FDA.

Further, effective no later than August 23rd, California issued an order requiring all health care workers in the state to either show proof of full vaccination against COVID-19 or be tested regularly. Employers in health care settings must verify that their workers are fully vaccinated against COVID-19. Dental staff who are not fully vaccinated or who cannot show proof of vaccination are subject to weekly COVID-19 testing and will be required to wear surgical masks, at minimum.

In lieu of obtaining a copy of the employee’s vaccine card, employees may show official proof of the vaccine or other similar health care provider documentation (see below) confirming the vaccine status to a designated representative of the business. If an employee provides a copy of their vaccine card, or other documentation employers should instruct employees to omit any medical information unrelated to their vaccine status.

Pursuant to the CDPH Guidance for Vaccine Records Guidelines & Standards, only the following modes may be used as proof of vaccination:

COVID-19 Vaccination Record Card (issued by the Department of Health and Human Services Centers for Disease Control & Prevention or WHO Yellow Card) which includes name of person vaccinated, type of vaccine provided and date last dose administered); OR
a photo of a Vaccination Record Card as a separate document; OR
a photo of the client’s Vaccination Record Card stored on a phone or electronic device; OR
documentation of COVID-19 vaccination from a health care provider; OR
digital record that includes a QR code that when scanned by a SMART Health Card reader displays to the reader client name, date of birth, vaccine dates and vaccine type. The QR code must also confirm the vaccine record as an official record of the state of California; OR
documentation of vaccination from other contracted employers who follow these vaccination records guidelines and standards.
In the absence of knowledge to the contrary, a facility may accept the documentation presented as valid.

Facilities must have a plan in place for tracking verified worker vaccination status. Records of vaccination verification must be made available, upon request, to the local health jurisdiction for purposes of case investigation.

Workers who are not fully vaccinated, or for whom vaccine status is unknown or documentation is not provided, must be considered unvaccinated.

Employers must meet compliance obligations with respect to medical records and the protection of employees’ private and confidential information.

*Includes associates classified as independent contractors

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