liability of a third party responsible for an injury that
results from an invasive medical test or injection required
by an employer.
Section 7. Construction.
(a) Workplace safety.--This act shall not be construed to
prohibit an employer from implementing safety policies and
procedures intended to maintain a safe work environment for
employees or requiring noninvasive medical testing for employees
to prevent the spread of infectious disease. Employer actions
that do not violate this act include:
(1) Requiring an employee or prospective employee to
report symptoms or diagnoses of infectious diseases or
conduct noninvasive screenings for symptoms.
(2) Requiring an employee or prospective employee who
has exhibited symptoms or has been diagnosed with an
infectious disease to provide documentation from a physician
or the physician's designee stating that an employee or
prospective employee may enter the workplace.
(3) Requiring an employee who exhibits symptoms of
illness to leave the workplace until the employee no longer
exhibits symptoms.
(4) Requiring an employee to conduct work duties from
the employee's home or another remote location to avoid the
spread of infectious disease.
(5) Providing emergency first aid in good faith to an
employee who is incapacitated or incapable of communicating
the employee's wishes to the individuals providing first aid.
(b) Additional precautions for employees who refuse an
injection.--It shall not be considered retaliation or
discrimination under this act to require an employee who
lawfully refuses an injection under section 3(a) to engage in
additional precautions, which are not required of employees who
received the injection, to prevent the spread of infectious
disease. An employer may require additional precautions as part
of a reasonable accommodation for an employee who lawfully
refuses an injection, including:
(1) Requiring the employee to conduct job duties from
the employee's home or another remote location if the
employee is able to do so.
(2) Requiring the employee to utilize personal
protective equipment intended to prevent the spread of
infectious disease.
(3) Placing restrictions on the employee's physical
proximity to other employees, or other individuals whom the
employee will encounter during the course of employment, in
situations where close physical proximity is not necessary
for the employee to perform work duties.
(4) Screening the employee for symptoms of infectious
disease or requiring the employee to report symptoms to the
employer.
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