Washington’s Proclamation Regarding COVID-19 Vaccination Requirement has been Amended
Washington Proclamation 21-14 related to COVID-19 vaccination requirement for certain health care providers, state workers, and workers was been amended (Proclamation 21-14.1) late Friday to include those working in educational settings as well as provide additional detail regarding exemptions and contractors.
The Proclamation still requires health care providers, state workers, and workers in educational settings to be fully vaccinated by October 18, 2021, to remain eligible to perform work. The Proclamation broadly defines health care providers and workers to include employees, contractors, and volunteers, among others.
Affected employees may provide proof of vaccination through the CDC COVID-19 Vaccination Record Card (or a photograph of the card), documentation of vaccination from a health care provider or electronic health record, state immunization information system record, or an equivalent document for those immunized outside of the U.S. Personal-attestation is NOT an acceptable method of proving vaccination status for those falling under the Proclamation.
Only those entitled to disability or religious accommodation under the ADA, Title VII, the Washington Law Against Discrimination, or other relevant law are exempt from the vaccination requirements. To establish a legitimate entitlement to accommodation based upon a disability, the individual is required to provide documentation from “an appropriate health care or rehabilitation professional stating that the individual has a disability that necessitates accommodation and the probable duration of the need for the accommodation.” Those seeking accommodation for a sincerely held religious belief must provide a statement “explaining the way in which the requirements of [the proclamation] conflict with the sincerely held religious belief, practice, or observance of the individual.”
Employers are required to conduct an individualized assessment of each request for accommodation and the Amended Proclamation expressly prohibits employers from providing accommodations that they know are based on false, misleading, or dishonest grounds or information, as well as those based upon personal preference rather than disability or a sincerely held religious belief, practice, or observance. Furthermore, those required to be vaccinated are prohibited from claiming an exemption or accommodation on false, misleading, or dishonest grounds. Violations of the proclamation subject the violator to criminal penalties pursuant to RCW 4306.220(5). Whether an accommodation is reasonable will depend upon the circumstances of the particular employee, work setting, duties, and a host of other factors. The Amended Proclamation states that operators of health care settings, operators of educational settings, and state agencies must, to the extent allowable under law, require an accommodated employee to take COVID-19 safety precautions that are consistent with the recommendations of the Department of Health for the employee’s working environment.
Added to the Amended Proclamation is the opportunity for the employers of contractors to assume responsibility for verifying their own employees’ vaccination status and responsibilities related to accommodation requests. Where such election is made by an operator of a health care setting, operator of an educational setting, or state agency, the employer must meet the requirements to confirm full vaccination of its current and future affected employees against COVID-19, follow requirements related to accommodating current and future employees entitled to such accommodation based upon disability or a sincerely held religious belief, provide to the relevant operator of a health care setting, operator of an educational setting or state agency a signed declaration by October 18, 2021, stating that the employer has met its obligations (and if the employers are subject to the vaccination requirements, confirm that the employer is also fully vaccinated or entitled to accommodation), provide additionally signed declarations as requested, and cooperate with investigations or inquires by the operator of the health care setting, operator of an educational setting or state agency into the employer’s compliance.
Employers are encouraged to read the entire Amended Proclamation and review guidance issued by the Washington State Department of Health.
General information related to religious accommodation can be found here and disability accommodation can be found here.
In light of the amendments to the Proclamation, Associated Industries has updated the template for the Employee Request for Mandatory Vaccine Exemption form which can be found here.