Santa Clara County Businesses Required to Ascertain and Track Employees’ Vaccination Status

On May 18, 2021, Santa Clara County issued a new Public Health Order that updates the previous October 5, 2020, Revised Risk Reduction Order. The new Order went into effect May 19. Some of the updates include the following for businesses in Santa Clara County:

  • Businesses are no longer required to maximize the number of people who work remotely.
  • Businesses and governmental entities are no longer required to submit Social Distancing Protocols to the County Public Health Department.
  • The local Mandatory Directive on Capacity Limitations has been eliminated.
  • Businesses and governmental entities are required to determine the vaccination status of their employees, onsite contractors, and volunteers. Employers may use the County’s sample Certification of Vaccination Status Form.
  • Businesses, governmental entities, and individuals are required to comply with the Mandatory Directive on Use of Face Coverings and the Health Officer’s Mandatory Directive for Unvaccinated Personnel.
  • Businesses and governmental entities must continue to report any COVID-19 case to the Public Health Department.

Under the Order, until a person’s vaccination status is ascertained, they must be treated as not fully vaccinated. Furthermore, those who decline to provide vaccination status must also be treated as unvaccinated. Until a revised version of the November 30, 2020, CAL/OSHA COVID-19 Emergency Temporary Standards is approved that addresses the impact of fully vaccinated employees in the workplace, the Order should not change how a Santa Clara County employer handles a workplace exposure for either unvaccinated or vaccinated employees.

Santa Clara County employers are encouraged to provide the County’s sample Certification of Vaccination Status Form to its employees, onsite contractors, and volunteers as soon as possible since the Order requires businesses and governmental entities to complete their initial ascertainment of vaccination status for all personnel by June 1. Thereafter, businesses and governmental entities must obtain updated vaccination status for all personnel who were not fully vaccinated every 14 days and maintain appropriate records to demonstrate compliance with this requirement.