NYC released new vaccine requirements, by Order of the Commissioner of Health and Mental Hygiene, mandating all private sector workers to be vaccinated by December 27th with at least 1 dose of any COVID-19 vaccine. A 2nd dose is required 45 days after a worker shows proof of vaccination for the Pfizer or Moderna vaccines.
The City’s new Order is its strictest yet. Businesses
are prevented from allowing unvaccinated workers to enter the workplace. Further,
businesses must verify and keep a record of each worker’s proof of vaccination
by December 27th. Records may consist of physical copies of worker’s
proof of vaccination; a business-created paper or electronic record displaying
worker’s name, vaccination status, and date by which they can provide proof of
second vaccination; or a daily record verifying that the business checked the
worker’s vaccination status before the worker entered the workplace. Businesses
should be prepared to make their records available for inspection and need to set their protocol ASAP so that they comply.
The Order includes a path for vaccination exceptions if a worker seeks a reasonable accommodation
for medical or religious reasons. If such an accommodation is sought, employers must record the
reasonable accommodations, and supporting documentation relevant thereto, for each worker under 1 of the above record keeping options. Moreover, NYC employers must familiarize themselves with the Cooperative Dialogue or they will face failure-to-accommodate lawsuits by the drove.
Also of note is that proof of vaccination applies to both employees and
non-employee workers such as independent contractors.
The mandate does not apply to people who work alone; people who enter a workplace briefly for a limited purpose; and Non-NYC resident performing artists, college or professional athletes, and anyone who accompanies them.
NYC provides a detailed
memo explaining how businesses can properly comply with the guidelines. Businesses are subject to fines of $1,000 for
non-compliance, and escalating penalties thereafter if violations persist. NYC
provides a link
for those who wish to report fake proof of vaccination records in order to
maintain compliance.
