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Give your employees a shot in the gun € | offers flu shots to their employees a good deal or open the door to possible litigation?

BOSTON, MASS.

How can an employer prevent influenza H1N1 (commonly known as swine flu) or your garden variety errors flu from infiltrating into its workplace and your staff? The answer is simple: with caution.

Require employees to receive flu vaccine is generally not recommended. Policies compulsory immunization, however, may be appropriate in certain limited situations of employment such as health care workers (eg doctors, nurses) normally come into contact with patients. However, even employers make flu shots available on a voluntary basis to a possible risk of an action their legal employees.

â € œMaking flu vaccines available to your employees may seem a prudent and considerate thing for an employer to do, but there are many ways you can be counterproductive. Â For example, even asking an employee to disclose or not they have been vaccinated ™ € undoubtedly could be considered a violation of HIPAA privacy laws or the state, â € said Terrence M. Schwab, a Boston-based lawyer Tarlow, Breed, Hart & Rodgers, PC € œThatâ € ™ s not to say an employer Shouldn € ™ t make flu shots available to employees, however, there is a important considerations and potential impact that employers should be aware of. "

Some of the considerations of employers should be aware of deciding whether to offer employees the H1N1 flu vaccination or errors include:

  • In all cases, have employees sign a consent and release form before receiving a flu shot.
  • Be careful when offering incentives (eg free lunch, half day off work) to employees who choose to be vaccinated to avoid potential discrimination claims. Some employees may be allergic to the flu vaccine or have beliefs religious or other valid objections that make it decides not to get a flu shot. Â It includes employees of an incentive-based flu vaccine campaign not only exposes employers to potential lawsuits, but could do significant damage to employee morale.
  • The best approach is to not keep records employees who received the vaccine and those who did not. The possession of such information, especially when it comes to those employees who chose not to be vaccinated, could be considered a violation of HIPAA privacy laws or state.
  • If flu shots are available at the site, in the workplace, Employers should arrange to have a health professional or organization (eg, Visiting Nurses Association) to administer vaccinations, and must ensure that of any document containing the protected health information received from a health care provider in the proper place to safeguard the privacy of HIPAA.

â € Oean employer digging their own pockets to provide employees with immunization is a really good deed that should not go unpunished, â €, Schwab said. â € œBy proceed carefully and take some precautionary measures, employers can not only help protect your employees from H1N1 or influenza, but may do so in a way that greatly minimizes the risk of legal exposure. "

About Tarlow, Breed, Hart & Rodgers, PC:

Formed in 1991, Tarlow, Breed, Hart & Rodgers, PC is committed to providing high quality, comprehensive legal services to its customers. Â With a breadth and depth experience and perspective usually found only in larger law firms, Tarlow, Breed, Hart & Rodgers. PC offers sophisticated legal advice to entrepreneurs, companies, individuals, families, and institutions.

Tarlow, Breed, Hart & Rodgers € ™ areas of expertise include corporate and commercial transactions, litigation and dispute resolution, property planning, tax, real estate, municipal law and the law of the hospitality.

The offices of Tarlow, Breed, Hart & Rodgers, PC is located at 101 Huntington Avenue, Prudential Center, Boston, MA 02199. For information further, or to schedule a consultation, please call 1-617-218-2000, e-info@tbhr-law.com email, or www.tbhr visit-law.com.

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