San Francisco Implements Vaccination Mandate for Certain Employees

Stokes Wagner

Earlier this month, the City of San Francisco revised its “Safer Return Together” Health Order to require restaurants (indoor dining), bars, clubs, gyms, and large indoor events to obtain proof of vaccination from patrons and employees.

The key requirements of the Health Order are as follows:

  1. As of August 20th, businesses must require proof of full vaccination status from all guests and patrons over the age of 12.
  2. Starting on October 13th, these businesses must require proof of full vaccination status from their employees working in indoor dining, clubs, and gyms, subject to medical and religious exemptions.

Businesses may not use self-attestation or ask for proof of a negative COVID-19 test. Both guests and employees must show proof of full vaccination status in one of three ways:

  • Vaccination Record Card (CRC) from the CDC;
  • Image of the card (e.g., a picture on one’s phone); or
  • Through an approved private app (e.g., Clear HealthPass, CommonPass, or VaxYes).

Businesses should notify their affected employees of the vaccination requirement and the October 13th deadline as soon as possible. Employers should also retain records of an employee’s vaccination status, such as making a copy of their vaccination card and placing it in the employee’s confidential medical file.

Lastly, employers should keep in mind that, despite these requirements, they are still required to engage in the interactive process and assess potential accommodations should an employee raise concerns related to medical and religious exemptions to the vaccine.

More details regarding this requirement, including mandatory notices, can be found here

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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