Workplace Statutes

There are different categories of vaccine requirements in the workplace:

(1) Those, if any, required by state law;

(2) Those not required by state law but required by the employer, as a matter of company policy; and

(3) Those recommended by government agencies

  • No vaccines are required by Florida law as a condition of employment (i.e., for the workplace).
  • Certain vaccines are required by law to be offered or recommended to hospital employees and patients, nursing home patients and Medicaid patients.
  • Hospital employees are not required by law to receive vaccines. Certain vaccines (hepatitis B, pneumococcal, MMR, varicella) are recommended for hospital employees, but none are required by law.
  • Ambulatory Care Facility employees are not required by law to receive any vaccines.
  • First Responders (firefighters, paramedics, emergency medical technicians, law enforcement officers and correctional officers) are not required by law to receive vaccines.
  • Private employers may create company policy requiring certain vaccines as a condition of employment but any employer that accepts federal or state funding must abide by federal and state laws, anti-discrimination laws and religious freedom laws
  • The Hepatitis B vaccine is recommended by OSHA but can be refused by signing the appropriate form.
  • The Influenza and Pneumococcal vaccines are recommended by certain employers but are not required by law.

US Dept. of Labor – OSHA

Blood borne Pathogen Standards

29 CFR 1910.1030 (f) (1) (i)

The employer shall make available the hepatitis B vaccine and vaccination series to all employees who have occupational exposure, and post-exposure evaluation and follow-up to all employees who have had an exposure incident.

1910.1030 (f) (2) (iv)

The employer shall assure that employees who decline to accept hepatitis B vaccination offered by the employer sign the following statement:

Hepatitis B Vaccine Declination

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring hepatitis B virus (HBV) infection. I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to myself. However, I decline hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to me.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10051#1910.1030(f)(1)(i)

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10052

Note: For information about Florida vaccine statutes governing hospitals and nursing home employees and patients, see section Hospital – Nursing Home Vaccine Requirements.