Here, we provide you with new information regarding COVID-19 vaccines, employer guidance on vaccines, and the state’s rollout of vaccine distribution.

Updated guidance for employers

In January, we wrote about new resources to help city leaders and managers make informed decisions regarding COVID-19 vaccinations in the workplace and the state’s vaccination program. Recently, Summit Law Group released an updated vaccine guidance document for employers that includes new information on the Public Readiness and Emergency Preparedness Act (PREP Act) and Occupational Safety & Health Administration (OSHA) guidance on vaccines.

The PREP Act allows the Department of Health & Human Services (DHHS) to provide immunity from liability for claims related to administration of countermeasures to diseases (like PPE or vaccines), as well as immunity to entities involved in the development and deployment of countermeasures during a public health emergency. DHHS has issued new guidance on the indemnification of employers who provide PPE or other protective countermeasures (like vaccines) to employees, and where an individual employee is not provided access to them or does not use them. Summit’s analysis (based on the DHHS guidance) suggests that “if employers provide vaccines onsite and have to prioritize doses or refuse vaccines to employees in accordance with public health mandates, they are likely still protected [i.e. indemnified] under the PREP Act.” DHHS’s guidance arose out of lawsuits where patients of healthcare facilities alleged that the facility failed to provide, train, or ensure staff use of PPE.

Summit’s analysis also says that while mandatory COVID-19 vaccines are not yet included in OSHA’s guidance, they likely will be in the future as vaccines become more readily available and are given permanent approval, rather than just emergency use authorization. OSHA’s guidance recommends that employers make vaccines available to employees at no cost, and that vaccinated employees should still be required to follow an employer’s other COVID-19 protocols since not enough is known about whether the vaccines reduce coronavirus transmissibility.

Pfizer vaccine effectiveness confirmed, Johnson & Johnson vaccine nears approval

Findings from a recent study of the “real-world” effectiveness of Pfizer’s COVID-19 vaccine, which was given emergency use authorization by the U.S. Food & Drug Administration (FDA) in December, show that the vaccine is, in fact, 92% effective at preventing severe disease when both shots are given, and is 62% effective when only the first shot is given (which is still considered effective). The AP reports that this has prompted some health experts to suggest that vaccination programs around the world should prioritize administering first doses and delay second doses to increase the total number of people that have at least some effective vaccine protection.

In other news, Johnson & Johnson’s single dose COVID-19 vaccine was approved by the FDA for emergency use authorization over the weekend. Last week, FDA scientists released their findings that the Johnson & Johnson vaccine is 66% effective at preventing moderate to severe COVID-19, and 85% effective against serious illness. They also found that the vaccine is safe. The FDA reviewed the data and authorized the vaccine for emergency use, giving the U.S. a third emergency-approved vaccine option. Johnson & Johnson expects to ramp up production and deliver 20 million new doses by the end of March, hopefully increasing vaccine distribution across the country. In addition to the simplicity of only needing to administer one shot, the Johnson & Johnson vaccine only requires normal refrigeration, which should make it easier to distribute in remote areas lacking access to cold storage.

Washington’s vaccine rollout

As of last week, over 1.4 million doses of vaccine have been administered, approximately 77% of the vaccines delivered to the state. Washington is currently vaccinating about 25,000 people per day statewide. The Department of Health (DOH) maintains a regularly updated dashboard that provides the most up-to-date statistics on vaccine distribution. The DOH also reports that the recent winter storms in the Pacific Northwest and across the country delayed some vaccine shipments and resulted in temporary closures of mass vaccination sites in Kennewick, Spokane, Wenatchee, and Ridgefield.

DOH has released a paper version of its Phase Finder vaccine eligibility tool (we wrote about Phase Finder’s initial release here). The paper Phase Finder flowchart is intended for people with limited or no internet access, and is available for download by organizations, family members, and vaccination clinics so they can provide printed copies to people that need it. The online Phase Finder tool is expected to be translated and available in around 30 languages by sometime this week.

According to the DOH, Washington is still in tier 1 of phase 1B of the state’s vaccination plan. This means the following groups are currently eligible for the vaccine: health workers at risk of COVID-19 infection, first responders, those living or working in long term care facilities, anyone age 65 or older, and anyone 50 or older that lives in a multigenerational household.