Governor Jay Inslee, on May 21, 2020, updated the requirements for employees wearing a mask. These requirements fall in line with CDC mask guidance.
Before ending mask and social distance requirements at work, employers must confirm workers are fully vaccinated by having the worker either sign a document attesting to their status or provide proof of vaccination.
Employers must be able to demonstrate they have verified vaccination status for workers who are not masked or physically distanced. Verifications methods may include:
- Creating a log of workers who have verified they have been vaccinated and the date of verification
- Checking vaccination status each day as workers enter a job site
- Other methods demonstrating an employer has verified worker vaccination status may also meet the standard
When verifying an employee’s vaccine status, acceptable documentation includes a CDC vaccination card, a photo of the card, documentation from a health care provider, a signed attestation from the worker, or documentation from the state immunization information system.
These records must be kept separate from the employee file.
Fully vaccinated employees no longer need to wear a mask or socially distance themselves at work unless their employer or local public health agency still requires it.
Unvaccinated workers are still required to wear face coverings at work in almost all situations. Employers must provide face coverings if workers do not have them. Employers must allow employees to wear a mask if the employee chooses.
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) announced employers may offer limited incentives to employees to be vaccinated, so long as the incentives are not coercive. It noted that other federal, state, and local laws may come into play. In the past, this incentive has been no more than $500. Understand, this incentive must be included in an employee’s regular rate of pay when determining overtime.