We are planning to implement the vaccine or testing policy as we are not a federally regulated business but deemed essential. We do have customer serving (in-person) positions and it is impossible for everyone to work remotely. Now that testing is not readily available, this policy is I believe very difficult to enforce and hence we should change its direction of it. Do you know if other companies that had already implemented this policy and how they are coping/adjusting their policy?
That’s a very good question. I haven’t heard of anybody’s modifying their testing policy in response to the current COVID test shortage. And it may not be necessary if the original policy provided for such shortages. If it doesn’t, you can add language indicating that an unvaccinated employee’s duty to get tested is subject to the reasonable availability of tests. The harder question is whether you’re willing to risk allowing these employees to come to work without having been tested. If so, the policy should state that the exemption from the testing requirements is temporary and will end as soon as COVID tests become readily available AS DETERMINED BY THE COMPANY in accordance with the most recent information from the government and public health agencies. Man, this is such a great question that I may need to do an article about it.