California Issues “First-in-the-Nation” Mandate to Encourage Employers to Promote Vaccination

Yesterday, Governor Newsom announced in a press release that California state workers and workers in “health care” and “high-risk congregate settings” (i.e. adult and senior residential facilities, homeless shelters, and jails) will be mandated to either show proof of being fully vaccinated, as opposed to simply attesting to vaccination status, or be tested for COVID-19 at least weekly and wear proper personal protective equipment (“PPE”). The mandate is in response to the rapid growth of the Delta variant amongst primarily unvaccinated individuals. The new mandate will take effect:

• On August 2, for state workers. Testing will be phased in over the next few weeks.
• On August 9, for health care workers and congregate facilities.
• By August 23, all health care facilities must be in full compliance.

The State hopes that by leading by example, it will encourage all local governments and businesses to adopt similar measures. Due to the new mandate, affected employers must rapidly adjust their COVID-19 testing and verification procedures and reevaluate their current COVID-19 policies and procedures (including those required by Cal/OSHA’s Emergency Temporary Standards). Employers are encouraged to consult with experienced employment counsel to ensure that your business is in compliance with the new COVID-19 rules and regulations.