2021 Critical Issues Series: What Employers Need to Know about Covid Vaccines, Testing, and the Path to Recovery

Welcome to the
Critical Issues Series:
COVID Vaccines, Testing, and
the Road to Recovery
February 25, 2021

Katie Loovis
#CHCCriticalIssues
Vice President for External
Affairs
The Chamber For a Greater
Chapel Hill-Carrboro
Welcome

Betsy Harris
#CHCCriticalIssues
Project Coordinator, Armacell
Chair of The Chamber’s
Government Affairs Committee
Welcome

Dr. Amy Fowler
#CHCCriticalIssues
Orange County Commissioner
Welcome

2021 Critical Issues Series presented by:
Providing local news, Tar Heel sports, events,
music, and community info
#CHCCriticalIssues

Building a smarter energy future
#CHCCriticalIssues

A comprehensive community college serving
Durham and Orange counties
#CHCCriticalIssues

Aaron Nelson
#CHCCriticalIssues
President and CEO
The Chamber For a Greater
Chapel Hill-Carrboro
Welcome

Segment 1
What employers need to know right now re: COVID vaccines,
testing, and employment law.
Jessi Thaller-Moran
Brooks Pierce
Attorney
Dr. Franklin Roye
IndyCare Health
President
Quintana Stewart
Orange County
Health Director
David Wohl, MD
UNC Health
Professor of Medicine
#CHCCriticalIssues

COVID-19 Vaccine
&
Your Business
Quintana Stewart, MPA
Orange County Health Director

Current Status of COVID-19
in Orange County
As of February 24, 2020
• 7,623 Total Lab Confirmed Cases
• case count of 273per 100,000 residents over
past 14 days
• 150 new cases over past 7 days;
– ~21 new cases/day
• 93 total COVID related deaths
• NC DHHS County Alert System
– tier Orange- Substantial Community Spread

Governor’s Executive Order No. 195
• Effective Friday, February 26th at 5pm
• Lifts Modified Stay at Home Order
• Mandatory mask mandate will not change
• Indoor Mass Gathering limit 25; Outdoor gathering
limit remains 50
• Curfew on sale of alcohol for onsite consumption
will be 11pm
• New occupancy restrictions:
– 30% capacity limit (may not exceed 250 persons indoors)
– 50% capacity
https://files.nc.gov/governor/documents/files/EO195-
Easing-Restrictions.pdf

As you increase capacity and/or reopen
• Safety protocols such as mask, social
distancing and frequent handwashing will
continue to be important.
• Use an alcohol-based hand sanitizer with at
least 60% alcohol if soap and water are not
available.
• Clean and disinfect frequently touched
surfaces daily.
• Stay home and encourage employees to stay
home when sick.

Currently Eligible for Vaccination
https://files.nc.gov/covid/documents/vaccines/NCDHHS-Vaccine-Infographic.pdf

Phase 3 (full group):
Frontline Essential Worker
• Eligible for vaccination beginning March 10th
• The CDC defines frontline essential workers as workers who are
in sectors essential to the functioning of society and who are at
substantially higher risk for exposure to COVID-19
• Must be in-person at their place of work

Frontline Essential Worker
• Work in one of the eight essential sectors listed
below:
– Public Safety
– Critical Manufacturing
– Education
– Essential Goods (sell groceries & medicine)
– Food & Agriculture
– Government & Community Services
– Healthcare & Public Health
– Transportation
https://files.nc.gov/covid/documents/vaccines/Deeper-
Dive-Group-3.pdf

Process to get vaccinated
• OCHD is currently working on an outreach
plan
• Team of volunteers to visit essential
businesses to provide education and enroll
employees in vaccine interest survey
• Goal is minimum disruption to the work day

While you wait for your shot…….
• Continue to test if you are exposed to COVID-19 or you
are experiencing symptoms.
Local Testing Sites:
Hillsborough
• Monday – Friday, 9am – 5pm – OCHD, Whitted
Building, 300 West Tryon Street, Hillsborough, NC
27278
Chapel Hill
• Monday – Friday, 9am – 5pm (closed for a hour break
for lunch) - R7 Parking Lot, 725 Martin Luther King
Blvd., Chapel Hill, NC 27514

After vaccination, Keep practicing the
3 Ws: Wear, Wait, and Wash.
• Getting the COVID-19 vaccine and following the 3 Ws
is everyone’s best protection from getting and
spreading COVID-19.
• Continue using the 3 Ws and limiting social gatherings
until most people are vaccinated.

Questions?
Quintana Stewart, MPA
qstewart@orangecountync.gov
Orange County Health Department COVID
Vaccine
https://www.orangecountync.gov/2617/Vaccine

COVID-19
What Employers Need to Know
David Alain Wohl, MD
Professor of Medicine
Institute of Global Health and Infectious Diseases
The University of North Carolina at Chapel Hill

Vaccines
• Modern and Pfizer
• Highly effective at preventing COVID-19 disease, including severe disease
• 2 doses 3-4 weeks apart
• To date, ~2.1M people in NC vaccinated

Vaccines
• Modern and Pfizer
• Highly effective at preventing COVID-19 disease, including severe disease
• 2 doses 3-4 weeks apart
• To date, ~2.1M people in NC vaccinated
• Challenges:
• Confusing and vague messaging from
the state regarding eligibility/groups
• Limited and inconsistent supply of
vaccines and syringes/needles
• Weather-caused delays in shipment
• People being vaccinated not adequately
reflective of demographics of population
• Many vulnerable people will have to wait
months to get vaccinated

Vaccines
• Increase in federal supply to states of Modern and Pfizer vaccines
• Likely EUA for Johnson and Johnson vaccine
• 1 dose
• Does not require deep freeze
• Protects against severe COVID-19 disease
• Less effective against the South African variant
• Limited supply
• Community (Herd) Immunity

COMMUNITY PROTECTION (Herd Immunity)
National Institute of Allergy and Infectious Diseases. Community immunity.
niaid.nih.gov/topics/pages/communityimmunity.aspx. Accessed March 19, 2012.
Courtesy: National Institute of Allergy and Infectious Diseases.

National Institute of Allergy and Infectious Diseases. Community immunity.
niaid.nih.gov/topics/pages/communityimmunity.aspx. Accessed March 19, 2012.
Courtesy: National Institute of Allergy and Infectious Diseases.
COMMUNITY PROTECTION (Herd Immunity)

https://www.nytimes.com/interactive/2021/02/20/us/us-herd-immunity-covid.html

Variants
• Mutations in replicating viruses,
like coronaviruses, are
common
• Those that lead to changes in
the virus that impact human
health are of concern
• Major variants
• B.1.1.7 – UK -> More infectious,
Maybe more severe disease
• B.1.351 – South Africa ->
Reduced protection by some
vaccines (not Moderna or Pfizer),
reduced effect of some COVID-
19 antibody treatments
• P.1 - Brazil

UNC Health
N.C. hospital census continued to decline steadily this past week
0
500
1000
1500
2000
2500
3000
3500
4000
4500
4/8/20
4/12/20
4/16/20
4/20/20
4/24/20
4/28/20
5/2/20
5/6/20
5/10/20
5/14/20
5/18/20
5/22/20
5/26/20
5/30/20
6/3/20
6/7/20
6/11/20
6/15/20
6/19/20
6/23/20
6/27/20
7/1/20
7/5/20
7/9/20
7/13/20
7/17/20
7/21/20
7/25/20
7/29/20
8/2/20
8/6/20
8/10/20
8/14/20
8/18/20
8/22/20
8/26/20
8/30/20
9/3/20
9/7/20
9/11/20
9/15/20
9/19/20
9/23/20
9/27/20
10/1/20
10/5/20
10/9/20
10/13/20
10/17/20
10/21/20
10/25/20
10/29/20
11/2/20
11/6/20
11/10/20
11/14/20
11/18/20
11/22/20
11/26/20
11/30/20
12/4/20
12/8/20
12/12/20
12/16/20
12/20/20
12/24/20
12/28/20
1/1/21
1/5/21
1/9/21
1/13/21
1/17/21
1/21/21
1/25/21
1/29/21
2/2/21
2/6/21
2/10/21
2/14/21
2/18/21
State-wide COVID-19 Census
NC DHHS Site
Daily Total 7 Day Rolling Average

UNC Health
Feb 23rd
R0 = 1.44
February 2nd
(Average)
Feb 9th
R0 = 1.42
February 9
(Average)
February 23
(Average)
Feb 2nd
R0 = 1.50
Jan 26th
R0 = 1.58
January 26
(Average)
Feb 16th
R0 = 1.46
February 16
(Average)
The UNC Health forecast average is virtually identical to prior two weeks
The model forecast assumes a continuation of the current rate of person to person transmission
Feb 23rd, Feb 16th, and
Feb 9th forecasts are
almost identical

IndyCare
COVID-19 Employer Updates - Feb 25, 2021
Franklin Roye
franklin@indycarehealth.com

COVID-19 workplace safety practices
The Scramble
❖ Limited PPE & testing
❖ Evolving list of
symptoms
❖ Inconsistent medical
advice
❖ Significant disruption in
the workplace
Past
The Routine
❖ Multiple PPE/testing
options
❖ Structured symptom &
temperature monitoring
❖ Air filtration systems
❖ COVID testing partners
❖ Surveillance testing*
Present
The Protected
❖ Vaccinations
❖ At home daily screening
❖ ‘Clear-Pass’ style access
systems
Future
Reactive Proactive

An ideal COVID workplace safety plan
01
02
03
04
Remote Temperature
& Symptoms Check
Employees should check for
temperature and COVID
symptoms daily before
coming to work
Sanitization, Air
Purification, PPE and
Distancing
Daily sanitization protocols,
appropriate use of PPE and
avoid close contacts where
possible
Rapid Response
Protocols
Quickly isolate and test
employees with symptoms,
positive case exposure or
positive pooled testing
result.
Surveillance
Regular screening testing of
employes for early detection
of SARS-CoV-2 virus and
prevention of asymptomatic
spread

Employee Surveillance Testing
Why do it?
To prevent asymptomatic
spread in the workplace
●Up to 40% of cases are
asymptomatic
●Individuals are most
contagious 1-2 days before
symptoms
●Testing can detect the virus
several days before
symptoms
What is it?
Regular testing of
employees who are not
experiencing any
COVID-19 symptoms
What are the Results?
● 10X lower infection rates at
Universities practicing surveillance
testing
● UNC vs Duke experience
○ UNC reactive testing program
■ 670 cases in first 2 weeks
○ Duke surveillance program
■ 84 cases in first 10 weeks
■ 51% asymptomatic

Pooled saliva testing
Type of
Testing
Cost Per
Person
Individual
Testing
$120 - 150
Pooled
Testing
$15 - 50

Employee Vaccination Strategies
Community based Employer based
Employees seek out vaccinations through
community based providers
Employers partner with a vaccine provider to host
onsite/offsite vaccination event

North Carolina Vaccinator Roll Out Plan
1
Phase I
Hospitals, Health Systems,
Local Health Departments
3
Phase III
Independent Primary Care,
Skilled Nursing Facilities, LHD
partners
5
Phase V
Other providers, Dental,
Optometry, etc.
2
Phase II
FQHCs, LTC Pharmacies,
LHD partners, Prison
Health, Mass
Vaccinators
4
Phase IV
Pharmacy, Pediatricians,
Independent Specialty
Providers, Occupational Health

PRESENTED TO: THE CHAMBER FOR A GREATER
CHAPEL HILL-CARRBORO
FEBRUARY 25, 2021
BUSINESS OPERATIONS IN A BRAVE NEW WORLD: COVID-19,
VACCINES, AND WORKPLACE SAFETY
© 2020 Brooks, Pierce, McLendon, Humphrey & Leonard LLP
By Jessi Thaller-Moran

Disclaimer
Please note: The content of this webinar is provided for general
information purposes only. It should not be considered legal advice
or used as a substitute for consulting an attorney for legal advice
regarding the participant's own matters.

Jessi Thaller-Moran
Employment Counsel and Business Litigation
jthaller-moran@brookspierce.com
https://brookspierce.com/our-
people/attorneys/jessica-thaller-moran

Today’s Topics
 COVID-19 ADA Accommodations in the Workplace
 Vaccines! …and Accommodations, Again.
 General COVID-19 Safety

Americans with Disabilities Act
 An employee may have legal protections for COVID-related reasons under
the ADA.
 The EEOC has prepared a consolidated website on COVID-19 and
compliance with the various laws the EEOC administers:
https://www.eeoc.gov/coronavirus. The website provides key information
for employers during the pandemic.

Americans with Disabilities Act
 Key topics addressed by the EEOC:
– Temperature screening – allowed
– Antibody tests – not allowed
– Notifying health department that employee tests positive for COVID-19 – allowed
– Screening out pregnant or older workers – not allowed
– When remote work is a reasonable accommodation vs. undue hardship (factual
assessment)
– Is accommodation required to avoid exposure to high risk family member – No
– Vaccines

Vaccines
Can employers mandate that employees
receive the COVID-19 vaccine?
Short answer: Yes, but…

Vaccines
• Yes – Employers can mandate that employees receive the COVID-
19 vaccine (subject to state laws).
– The vaccination itself is not a medical examination
– But, pre-screening questions by employer or employer contractor may be a
medical inquiry
• But – Employers may not be able to exclude employees from the
workplace due to failure/refusal to get the vaccine.
• The unvaccinated employee must post a direct threat to a significant risk of
substantial harm to the health or safety of the individual or others that cannot be
eliminated or reduced by reasonable accommodation.

Vaccines
 Yes - Employers can require an employee to show proof that they
have received a COVID-19 vaccine.
– Requiring proof of vaccination is not a medical/disability-related inquiry under the
ADA
 But -
– Employers shouldn’t make additional inquires regarding the vaccination process or
why an employee did not receive the vaccine as this may constitute a disability-
related inquiry and violate the ADA
– Employees should be cautioned not to provide any medical information in
connection with documentation evidencing that they have received a COVID-19
vaccine

Vaccines
 Direct Threat
– (1) the duration of the risk; (2) the nature and severity of the potential harm; (3) the likelihood
that the potential harm will occur; and (4) the imminence of the potential harm.
– VERY HARD TO PROVE.
 Reasonable Accommodation
– Even if there is a “direct threat,” the employee may be legally entitled to an obligation if the reason
for refusal is related to:
• Disability- The Americans with Disabilities Act
• Religion- Title VII of the Civil Rights Act of 1964
– If refusal is not related to these protected traits, no obvious legal obligation to accommodate
employee—but may still have practical considerations to weigh.
• NLRA activity
• Compensation for time spent getting vaccinated
• OSHA obligation to provide a safe workplace

Vaccines
 Consider encouraging instead of mandating, through:
– Voluntary Programs
• Pre-Screening questions must be voluntary to the extent they are
medical inquiries.
– Incentives
• Must be equally available to those with legally protected reasons to
not get the vaccine.
 Even after vaccination, continue with masking, distancing, other
safety precautions.

COVID-19 Safety- CDC and NCDHHS
https://covid19.ncdhhs.gov/guidance#mass-gatherings
https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-
business-response.html

For further questions and comments, visit our website:
https://brookspierce.com/practices-industries/practices/covid-19-response-resources
Jessi Thaller-Moran
Jthaller-moran@brookspierce.com
THANK YOU!
Brookspierce.com

Segment 2
What employers need to know about the path ahead re: long-term
recovery planning and business continuity
Dwight Bassett
Chapel Hill Economic
Development Director
Maurice Jones
Chapel Hill
Town Manager
#CHCCriticalIssues

The Town organized the ReVive effort to
make sure we were doing our part to plan
for a successful recovery post-pandemic.
The Advisory group met numerous times
to pick the consulting firm, review the
research and decide where the Town
should place its priorities to help assure
we thrive again.

► The recession has had a disproportionate negative impact on populations of color and
workers with lower levels of education and income.
► Small businesses, particularly those that are locally-owned, have been devastated by
shutdowns and have struggled to adapt toward virtual business models.
► Significant layoffs have occurred in service industries with most impact felt in retail,
tourism, hospitality and some health care.
► College towns have suffered uniquely due to campus closures, a shift to online learning
and reduced student foot traffic.
► Remote work has led to a lower daytime population in Chapel Hill, resulting in a sizeable
loss in revenue for local businesses.
► Countless other changes have impacted the families, students, businesses, non-profits
and government workers of Chapel Hill.
Pandemic Facts:

Ø Chapel Hill sees strengths in the incredible assets of UNC-Chapel Hill and the health system. Residents
and business owners aspire to see a greater connectedness with the university by way of small business
support programs for minorities, incubation of innovative ideas and companies, learning opportunities for
all ages and backgrounds, and overall greater visibility throughout the community.
Ø Residents respect individualism and value the diversity of their community. They love the natural charm
and feel of being a college town. The community wishes that the diversity and talents of its residents were
better showcased by way of public art and events that drive traffic to the downtown.
Ø Chapel Hill seeks to balance any growth with investments in its livability to include more greenspaces
and bike lanes. There is a desire for the community to reduce its dependence on cars.
Ø Growth can be a been a challenge for Chapel Hill. Residents face housing issues related to affordability
and diversity of offerings. Workers and visitors struggle to access the community due to traffic and parking
availability. Businesses, entrepreneurs, and developers often face challenges with permitting and the
availability and cost of office space.
Ø The leaders of the community also feel that talent pipeline development needs renewed focus, taking
full advantage of the strength of the local school system, the presence of the university and technical
college, and the overall emphasis on talent-driven economic prosperity. New remote-work trends offer new
opportunities to recruit
Some of what we heard:

Critical early action will be required to implement the Recovery & Resiliency Plan:
1. Execute on a busines retention and expansion initiative to conduct 20 interviews
in 45 days from which feedback will inform future implementation and funding.
2. Expand marketing resources to tell the real estate opportunity story in Chapel Hill
to support filling vacant and new spaces in the community.
3. Create grant programs to support strengthening business during redevelopment
projects and as a part of post-pandemic recovery.
4. Look at work of similar economic development agencies in North Carolina and
compare the Town’s output to determine areas for potential growth in programs and
services.
Key Goals to begin moving forward:

Thank you!
#CHCCriticalIssues
If you have additional questions, please email Katie Loovis
(kloovis@carolinachamber.org)
Register for the March 25th Economic Outlook Forum at
carolinachamber.org/criticalissues

2021 Critical Issues Series: What Employers Need to Know about Covid Vaccines, Testing, and the Path to Recovery

Recommended

Recommended

More Related Content

What's hot

What's hot (16)

Similar to 2021 Critical Issues Series: What Employers Need to Know about Covid Vaccines, Testing, and the Path to Recovery

Similar to 2021 Critical Issues Series: What Employers Need to Know about Covid Vaccines, Testing, and the Path to Recovery (20)

More from The Chamber For a Greater Chapel Hill-Carrboro

More from The Chamber For a Greater Chapel Hill-Carrboro (20)

Recently uploaded

Recently uploaded (20)

2021 Critical Issues Series: What Employers Need to Know about Covid Vaccines, Testing, and the Path to Recovery