Santa Clara County (CA) has issued an order that requires employers to determine the vaccination status of all employees and contractors and to take certain other safety measures. The order took effect May 19, 2021 and supersedes the October 5, 2020 Risk Reduction Order of the Health Officer.
Ascertainment of Vaccination Status:
All businesses must determine the vaccination status of all "personnel." The county has created a sample form for employers to use for this purpose. Until a person's vaccination status is ascertained, they must be treated as not fully vaccinated (see below). Personnel who decline to provide vaccination status must also be treated as unvaccinated.
Businesses must complete their initial determination of vaccination status for all personnel by June 1, 2021. Thereafter, they must obtain updated vaccination status for all personnel who were not fully vaccinated every 14 days. Employers must maintain appropriate records to demonstrate compliance with the provision.
Covered Personnel:
Under the order, "personnel" means the following individuals who provide goods or services or perform operations associated with a business in the county:
- Employees;
- Contractors and sub-contractors (such as those who sell goods or perform services onsite or who deliver goods for the business);
- Independent contractors (such as "gig workers" who perform work via the business's application or other online interface);
- Vendors who are permitted to sell goods on site;
- Volunteers; and
- Other individuals who regularly provide services onsite at the request of the business.
"Fully Vaccinated:"
For the purposes of the order, an individual is "fully vaccinated" two weeks after completion of the entire recommended series of vaccination . For example, an individual would be fully vaccinated at least two weeks after receiving a second dose of the Pfizer or Moderna COVID-19 vaccine or two weeks after receiving the single dose Johnson & Johnson COVID-19 vaccine.
Treatment of Not Fully Vaccinated Individuals:
Businesses must:
- Ensure that all personnel not fully vaccinated who are working onsite wear face coverings in accordance with the Health Officer's Mandatory Directive on Use of Face Coverings.
- Make sure that all personnel not fully vaccinated who are a "close contact" to a confirmed case, or who have been confirmed to have COVID-19, are excluded from the workplace for the duration of all applicable quarantine and/or isolation periods in accordance with the guidance of the Health Officer at www.sccsafeworkplace.org.
- Provide all personnel not fully vaccinated, whether working onsite or remotely, with information on how to get vaccinated. A sample information sheet is available at www.sccsafeworkplace.org.
Mandatory Reporting:
Businesses must require that all personnel immediately alert them if they test positive for COVID-19 and were present in the workplace either within:
- The 48 hours prior to onset of symptoms or within 10 days after onset of symptoms if they were symptomatic; or
- 48 hours prior to the date on which they were tested or within 10 days after the date on which they were tested if they were asymptomatic.
In the event that a business learns that any of its personnel is a confirmed positive case of COVID-19 and was at the workplace in this timeframe, the business must report the positive case within 24 hours to the County Public Health Department at sccsafeworkplace.org. Businesses must also comply with all case-investigation and contact-tracing measures directed by the county, including providing any information requested within the timeframe provided by the county, instructing personnel to follow isolation and quarantine protocols specified by the county, and excluding positive cases and unvaccinated close contacts from the workplace during these isolation and quarantine periods.
Obligation to Follow Directives and Mandatory State Guidance:
In addition to complying with all provisions of the order, all businesses must follow any applicable directives issued by the County Health Officer and any applicable mandatory guidance issued by the California Department of Public Health. To the extent that provisions in the directives of the County Health Officer and the guidance of the State Health Officer conflict, the more restrictive provisions apply.
Compliance Recommendations:
All employers Santa Clara County should read the order in full and ensure compliance with it. Additional guidance on the order is available here. Please contact your dedicated service professional with any questions.