A bill that would exempt employees from COVID-19 vaccine mandates if they have a health care provider’s note that says they were previously infected with the virus passed the Senate Health and Human Services committee on Wednesday on a party-line 4-2 vote.
The bill’s sponsor, state Rep. Jefferson Burton, called the proposed legislation, HB63, a “cleanup bill” in reference to a similar bill the Utah Legislature passed last year that barred employers from mandating vaccines in the workplace under certain circumstances and required them to pay for testing.
“Since the beginning of COVID ... things have changed dramatically with regard to the way the virus operates,” the Salem Republican said. “It was felt that these changes needed to be made based on those conditions.”
The bill would also prohibit employers from keeping or maintaining an employee’s COVID-19 test results unless required by law. Under the bill, employers cannot refuse to hire prospective employees or terminate an employee due to their vaccine status.
Jay Dortzbach, who spoke in support of the bill during the committee hearing, claimed he was recently fired from KSL TV, a local media station, after refusing to share his medical information with his employer. He suggested that the bill should also exempt employers from testing employees for the virus.
“Less than three months ago, I was terminated from my employment because I would not share my medical information, nor agree to take a (COVID-19) test every week,” he said. “I do not wish any of my neighbors to go through the agonizing choice of losing either a job or a right.”
A representative for KSL TV did not immediately respond to a request for comment.
In response to Dortzbach, state Sen. Jacob Anderegg, R-Lehi, noted that the bill might not protect employees who have signed clauses adhering to an employer’s medical standards.
“That’s a nuance that I think a lot of people don’t think about. And even though you might have those rights, if you’ve signed an agreement, you might have forgone those rights,” he said.
(Francisco Kjolseth | The Salt Lake Tribune) Sen. Jacob Anderegg, R-Lehi, ask a question of a constituent speaking in support of HB63, which amends provisions related to COVID-19 in the workplace, during a presentation before the Senate Health and Human Services Committee at the Capitol in Salt Lake City on Wednesday, Feb. 23, 2022.
A review of three vaccine efficacy trials and four studies found “no significant difference” between COVID-19 immunity provided by infection versus vaccination, according to the Centers for Disease Control and Prevention. Results from the Office of National Statistics survey in the United Kingdom that analyzed more than 26,000 RT-PCR COVID-positive tests found “full vaccination” provided the best protection during the Alpha variant surge and equal protection to infection during the delta variant surge.
Still, health professionals recommend that individuals who have recovered from COVID-19 get vaccinated.
“COVID-19 vaccination causes a more predictable immune response than infection with the virus that causes COVID-19. Getting a COVID-19 vaccine gives most people a high level of protection against COVID-19 and can provide added protection for people who already had COVID-19,” according to the CDC’s website.
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