News / Events
Testing and Vaccine Verification Requirements Across California
Sep 07, 2021
On Monday, August 30, 2021, California Assemblymember Buffy Wicks announced that her proposed vaccine verification bill, which would require all California employers to impose testing or proof of vaccination mandates on their employees, will not move forward in the State Legislature until 2022. Nonetheless, several local governments and businesses have implemented or are considering vaccine verification requirements for both employees and patrons of indoor businesses. Learn more about existing and impending proof of vaccination mandates across California below.
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State of California
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California’s Department of Public Health has issued a patchwork of vaccine verification and testing mandates for visitors and workers in certain healthcare and other high risk settings, workers in schools, and other state employees. The department has also recently issued limited guidance on how organizations may implement their own COVID-19 vaccine verification processes. While a more comprehensive, statewide proof of vaccination mandate looks to be off the table this year, California continues to encourage “private businesses and local governments across the state to follow the state’s lead and adopt vaccine verification systems for their employees.”
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City and County of San Francisco
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On August 12, 2021, the City and County of San Francisco issued an order requiring certain businesses to check for proof of full vaccination from both patrons 12 years and older and staff. Although the order “strongly urges” all businesses and governmental entities to consider implementing vaccine verification measures, only the following businesses are currently subject to this order:
- Food Services: Operators or hosts of establishments or events where food or drink is served indoors—including, but not limited to, dining establishments, bars, clubs, theaters, and entertainment venues.
- Fitness Services: Gyms, recreation facilities, yoga studios, dance studios, and other fitness establishments, where any patrons engage in cardiovascular, aerobic, strength training, or other exercise involving elevated breathing.
For the purposes of this order, individuals are “fully vaccinated” two weeks after completing the entire recommended series of vaccination with a vaccine authorized to prevent COVID-19 by the FDA or the World Health Organization (WHO).
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For eligible patrons, these vaccine verification provisions took effect on August 20, 2021. Eligible staff must provide proof of full vaccination by October 13, 2021.
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The order also expands California’s August 5, 2021 vaccination and testing requirements for workers in high-risk settings and healthcare facilities to include healthcare personnel in adult care facilities, adult day programs licensed by the California Department of Social Services, and dental offices.
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Certain attendees, staff, and performers of “large” and “mega” indoor events are subject to new, more stringent vaccine verification requirements under the order as well.
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For more information on San Francisco City and County’s order, navigate here.
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Los Angeles Area
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In early August, Los Angeles City and County indicated that they are considering similar requirements, which would likely require patrons and workers to provide proof of vaccination in certain indoor businesses. While Los Angeles has not yet released such a mandate, nearby jurisdictions, including Palm Springs and Cathedral City, have issued vaccine verification requirements for indoor bars and restaurants.
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Resources for California Employers
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California employers should be prepared to adjust to more regulations from both local jurisdictions and the State, as the rapid spread of the highly contagious Delta variant continues to necessitate more stringent COVID-19 prevention measures.
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View the City and County of San Francisco’s Health Officer Order here.
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View all guidance documents from the California Department of Public Health here.
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If you have questions regarding the application of any of the updated COVID-19 prevention recommendations and mandates to your business, please contact one of the following attorneys in The Maloney Firm’s Employment Law Department: Patrick Maloney, Lisa Von Eschen, Samantha Botros, or Nicholas Grether.
