New York City Mayor, Bill DeBlasio, has signed an Order (Emergency Executive Order 225) that requires businesses to ensure that individuals are vaccinated before allowing them to enter the premises. The Order is effective immediately.
Covered employers:
The Order covers indoor businesses that have any part of a “covered premises” covered with a roof or overhang that is enclosed by at least three walls. This includes, but is not limited to indoor:
· Dining facilities, such as restaurants, catering halls, event spaces, hotel banquet rooms, bars, nightclubs, cafeterias, grocery stores, and coffee shops;
· Fitness, such as gyms, fitness centers, classes, pools, and studios; or
· Entertainment, such as movie theaters, music venues, museums and galleries, aquariums and zoos, and professional sports arenas.
Note: The Order does not apply if there is adequate ventilation to allow for air circulation or the structure is on a sidewalk or road that is entirely open on the side facing the sidewalk.
See the Order for all covered businesses and exceptions.
Vaccination check requirements:
Covered employers must check that everyone who is 12 years old or older, and wishes to enter the premises, has received at least one dose of a COVID-19 vaccine. Employers are also are prohibited from allowing a full or part-time employee, contractor, intern, patron, or volunteer to enter their premises without displaying proof of vaccination and identification bearing the same identifying information as the proof of vaccination.
Employers who do not comply with the Order may face penalties starting September 13, 2021.
Proof of vaccination:
Employers may consider the following as proof of vaccination:
International vaccination requirements:
Employers must check an official immunization record for individuals who received the vaccine outside the U.S. This includes their first and last name, date of birth, vaccine product name (only vaccines authorized by the WHO ) and vaccination date(s), and sites or the name of the person who administered it.
Exceptions:
The Order waives the requirement to display proof of COVID-19 vaccination before allowing entry under certain circumstances. In such cases, the individual must wear a face mask every time they are unable to maintain six feet of social distancing inside the covered premises.They must enter for a quick and limited purpose, such as using a restroom, placing or picking up an order or service, changing in a locker room, or performing necessary repairs; or be:
· A nonresident performing artist (and their employed entourage) who is not regularly employed by the business and is there for performance purposes; or
· A nonresident professional athlete/sports team (and their employed entourage) who is competing as part of their regular employment.
Record requirements:
Employers must develop and keep a written record describing their protocol for implementing and enforcing the requirements under the Order to be available for inspection by a City official.
Signage requirements:
Employers must post a sign (available online) with vaccination requirements in a conspicuous place that is viewable by prospective patrons prior to entering the establishment. An employer may use their own sign if it meets or exceeds 8.5 inches by 11 inches and has text provided by the Department for Health and Mental Hygiene in at least 14-point font.
Compliance recommendation:
Covered employers should update their policies and procedures to ensure compliance with the Order, refer to the Additional Resources for Businesses section located here, and call the NYC Department of Small Business Services hotline at 888-SBS-4NYC (888-727-4692) with additional questions. Please contact your dedicated service professional with any questions.