On May 18, 2021, Santa Clara County became among the first jurisdictions to issue an Order requiring employers to determine if employees are vaccinated. The Order requires compliance within two weeks (before June 1, 2021).
Santa Clara County employers need to following the following requirements to comply with the Order:
- All businesses and governmental entities must determine the vaccination status of their employees, onsite contractors and volunteers.
- The Order goes into effect May 19, 2021, when the county has Yellow Tier status under the State’s Blueprint for a Safer Economy.
- Employers have two weeks to comply with the vaccination information collection requirement.
- Santa Clara County has posted a self-certification form that is available so employees can use to disclose their vaccination status or confirm that they are declining to do so.
- Penalties for employers who fail to comply with the new requirement can be as much as $5,000 per violation per day.
The County Health Department also published FAQs addressing employers’ ascertainment of employees’ vaccination status to help employers comply with the new Order.
Source: Baker McKenzie and Morgan, Lewis & Bockius LLP