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Will shots be mandatory for the industry? SAG-AFTRA to decide

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Muhammad Nasir Aziz
Will shots be mandatory for the industry? SAG-AFTRA to decide

This week we’ve seen a strong call for mandatory COVID vaccination across the industry, prompting SAG-AFTRA to talk the matter over as more and more employers want vaccine proof as a condition of employment. BLAKE & WANG P.A Entertainment Lawyer Los Angeles dive into the thorny issues this raises in a little more detail.

To date, vaccines are not mandatory

The industry’s return-to-work protocols don’t currently demand proof of vaccination for cast or crew. Yet we see these existing protocols expire on Wednesday, heading back to the negotiating table with major companies and unions. 

With this in mind, we’ve seen SAG-AFTRA’s national board of directors approve a motion to allow mandatory vaccination policies. This is stimulated by pressure from members and producers that want the union to allow producers to mandate vaccination for access to set. Nor is this a small movement, with representation from big-name shows airing across major networks currently as well as support from the Producers Guild of America and HBO as well. 

Many justifications for the call

Why has this become a hot-button issue? It’s certainly understandable. Not only are there heavy requests from crew and casts to see these policies in place, but it would make for considerable on-set simplification if there’s widespread vaccination in place to limit COVID exposure and harm. Not to mention it would also provide a key buffer as we go forward into uncertain and unclear national COVID protocols and their ever-evolving status. On the side of independent producers, it will no doubt also make obtaining insurance coverage considerably easier.

With such widespread industry support, the motion certainly has a strong chance of becoming reality. Nor is this particularly unfair. Having brought the industry through the pandemic with relatively few casualties, indeed, even introducing novel policies to keep sets safe that far outstrip many other industries, it would be the greatest of pities to suddenly have lost health and closed sets because of unknowing exposure to the virus. Too many have worked too hard to keep creative content afloat through the worst of closures and lost income to easily give up the victory now. Actors and crew, like any other workers, have the right to feel safe at work and this is a deadly virus, not a toy or fad.

That said, a quarter of the SAG-AFTRA board voted against the new guidelines, with most citing the right to personal autonomy as their reason. Others fear matters of discrimination along medical or religious lines rearing its ugly head. HIPAA makes for a valid concern, too, as technically one’s employer can’t delve too deeply into your medical history, although this can probably be worked out with some creative thought. A small subset of concern seems to come from the ‘experimental’ nature of the medication, too, although it’s hard not to see citing the FDA, the U.S Constitution, the 14th Amendment, and the Nuremberg Codes about a vaccination program as a little ridiculous in the face of an unprecedented global health crisis.

Will we see these guidelines adopted? Only the SAG-AFTRA final decision will tell, but it will be an interesting one to watch. BLAKE & WANG P.A Entertainment Lawyer Los Angeles will keep you in the loop going forward. 

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Muhammad Nasir Aziz
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