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Re: DOJ won't ask about employees' vaccine status

May 19, 2021 05:13AM
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ramBRO
I work for a State of California law enforcement agency and we have the same policy. I think it (the policy) will likely end up costing us a couple of workers' compensation claims in the long run. Just for quick background, I manage an office of Detectives that conduct criminal investigations. We (among many other things) contact/interview witnesses out in the field; and, execute our own arrest/search warrants.

Unless it can absolutely be proven otherwise (i.e. an extended vacation or time off)...if an employee gets Covid, the State of California assumes you became infected while at work and thus makes you eligible for workers' compensation benefits.

As it stands now, we (supervisors/management) are not allowed to ask an employee their vaccination status. So, if the state ends up rescinding its mask order (presumably on June 15th), I'll likely have to send my Detectives into homes (of people they don't know) for their assignments (i.e. interviews, arrests/search warrants). I know there are a couple of them who have taken political positions with respect to mask wearing and will likely have that carry over by declining to get vaccinated. If we don't reach herd immunity in time, these guys could be at risk. And, if they become infected, the Department (and the citizens of the state) will catch an unnecessary workers' compensation case. If I could ask for their vaccination status, I could, at least mandate that they wear a mask for their own protection (in the same way that I mandate that they wear a bullet-resistant vest or helmet while out on an arrest). Yes, they could still become infected, but it could be argued that I mitigated the Department's exposure to a potential expensive workers' comp claim.

OTOH, not knowing anyone's vaccination status will likely result in the Department (and state workers overall) requiring EVERYONE to keep their masks on (which EVERYONE hates).

Looks like a "lose-lose" proposition.

That's a good summary. Thanks.
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  good point nm

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zn116May 19, 2021 05:13AM