New York City’s toughest immunization mandate, which covers all of its private-sector workforce, goes into effect Monday. The mayor presented a number of specific directives and other details regarding the planned expansion.
Still, there are a number of unresolved questions for many of the parties involved. Here is a list of frequently asked questions and the town hall’s answers to each one.
- 1. What should I do as an employer?
- 2. How do I know if I am covered by the order?
- 3. Do I keep records of proof of vaccination for all workers?
- 4. Do I keep records of reasonable accommodation?
- 5. What if a worker says religion or a medical condition prevents COVID vaccination?
- 6. If workers submit proof of a single dose of a two-dose vaccine, do I need to ensure that they receive their second dose?
- 7. Can unvaccinated workers enter the workplace for any reason?
- 8. Are there any other requirements?
- 9. What if I checked the immunization status of my workers before this order was issued?
- 10. What if my business is one of more than one location, such as a chain restaurant?
- 11. Do I need to verify proof of vaccination for workers who do not live in New York?
- 12. How can I verify the information?
- 13. What proof is sufficient?
- 14. What if a worker refuses?
- 15. Should I dismiss or sanction for non-compliance?
- 16. Are there penalties for non-compliance by companies?
- 17. Who can I call for questions about inspections?
1. What should I do as an employer?
Workers must provide or have provided proof of COVID-19 vaccination to their employers by December 27, and a company (a “covered entity”) must exclude from the workplace any worker who has not provided such proof, with some exceptions.
due to religious or medical accommodation applies, or a worker never enters the workplace except for a quick and limited purpose.
2. How do I know if I am covered by the order?
First, the ordinance only applies to workplaces in New York. Many types of
businesses are covered by the order. Any non-government entity that employs more than one worker in New York is covered. The same goes for any non-government entity that maintains or operates a workplace in New York City.
A âworkplaceâ is any place where work is performed in the presence of another worker or a member of the public. People who are self-employed or sole proprietors are not covered by the ordinance unless they work at a workplace, interact with other workers in person, or interact with the public in person while working. .
Some examples of covered entities include clothing stores, grocery stores, taxis or carpool owner-operators, speech-language pathologists who make home visits, and writers who rent offices in shared workspaces. The ordinance does not apply to covered entities or to persons already subject to another order of the commissioner of the department, the board of health, the mayor or any state or federal entity that requires them to maintain or provide evidence. full vaccination. It does not apply to persons who have obtained requests for reasonable accommodation.
Covered entities or individuals who are subject to federal requirements
that are not currently in effect due to a court order must comply with that order.
3. Do I keep records of proof of vaccination for all workers?
It is simpler and more efficient to keep track of the proof of vaccination of each worker. You can do this either: 1) by making a copy or taking a photo of their proof of vaccination or 2) by creating your own paper or electronic file that includes the following information for each worker: name, vaccination status, date of vaccination. proof of the second dose for workers who presented only one proof. (More information on this here.)
If you are hiring a contract worker, you do not need to keep a record of
vaccination status. Instead, you can ask the contractor’s employer to confirm that the contractor is vaccinated, and you must keep a record of your request and confirmation.
4. Do I keep records of reasonable accommodation?
Yes, if one of your workers does not get the vaccine because you have approved reasonable accommodation for them based on their religion or state of health, you will need to have a record of when you granted the vaccine. reasonable accommodation, the basis for doing so, and any supporting documents provided by the worker for the reasonable accommodation.
5. What if a worker says religion or a medical condition prevents COVID vaccination?
Workers who have a sincere religious belief (not a social or political belief) or a health problem that prevents them from being vaccinated may request reasonable accommodation. They must apply by December 27 and that begins the reasonable accommodation process. Employers can allow workers to continue entering the workplace while their exemption requests are pending.
However, city agencies can review a covered entity’s exemption process and records to ensure that the entity is processing requests promptly and appropriately.
Tips on how to deal with reasonable accommodation requests as well as a checklist employers can use to deal with reasonable accommodation requests can be found here. If an employer chooses to follow this checklist and
in the file, which shows that the request was dealt with in an appropriate manner.
Romney Smith reports.
6. If workers submit proof of a single dose of a two-dose vaccine, do I need to ensure that they receive their second dose?
The requirement for December 27 is proof of ONE DOSE. Workers must get their
second dose within 45 days. If they do not have proof of a second dose within this timeframe
time, you should exclude them from the workplace until they can show proof of vaccination for their second dose.
7. Can unvaccinated workers enter the workplace for any reason?
Yes, workers can enter a quick and limited purpose even if they have not presented the required proof of vaccination. Some examples of a quick and limited objective include using the bathroom, delivering, or pointing and receiving a mission before setting out to begin a solitary mission.
8. Are there any other requirements?
The Ministry of Health and Mental Hygiene (DOHMH) has created a page
attestation sign that you must complete and post in a conspicuous place to your
undertaken before December 27. The attestation panel certifies that you comply
with the command. You must display this official certificate even if you had previously
your own signage on employee immunization status.
If you have previously posted a review under the Key to NYC Restaurant Requirements,
fitness centers and entertainment venues, you don’t need to publish the
DOHMH attestation sign.
9. What if I checked the immunization status of my workers before this order was issued?
This is all you need! You are ready if you have the records required by the order, and
have displayed the DOHMH attestation board in a conspicuous place.
10. What if my business is one of more than one location, such as a chain restaurant?
Each individual business location is covered by the order and must display the
DOHMH attestation sign in a prominent location that affirms the business is in
respect of the order. A company with multiple locations can store
employee vaccination records in a central location, as well as
accommodation records, if applicable, instead of having such records available to everyone.
Each business location should have contact details available to offer to city inspectors to put them in touch with the company representative who is at the central level.
store these records for the business.
11. Do I need to verify proof of vaccination for workers who do not live in New York?
Yes, the requirement is specific to New York City workplaces and where the worker
lives is irrelevant to the order.
12. How can I verify the information?
You must ask to see one of the types of proof of vaccination below, along with a
identification. Acceptable forms of identification include driver’s licenses, government identification cards for non-drivers, IDNYC cards, passports, school or work identification cards.
Individuals can also show copies of their ID, including a photo on their phone or by using an app like NYC Covid Safe that allows them to view a copy of the document.
UCLA’s Dr Timothy Brewer says booster doses of the coronavirus vaccine can help your immune system against the Omicron variant much better than your first and second vaccines. Immune systems that have received more doses are able to have “a broader response,” he explains.
13. What proof is sufficient?
Sufficient proof can be demonstrated by posting a photo or hard copy of the CDC vaccination card, NYC COVID Safe app, New York State Excelsior Pass, CLEAR digital vaccine card, CLEAR Health Pass or of the official vaccination record. A photo or hard copy of an official vaccination record of a vaccine administered outside the United States for AstraZeneca / SK Bioscience, Serum Institute of India / COVISHIELD and Vaxzevria, Sinopharm or Sinovac vaccines is also accepted.
14. What if a worker refuses?
If a worker is in the workplace for more than a quick and limited purpose and has not requested reasonable accommodation, you should not allow them to enter the workplace.
15. Should I dismiss or sanction for non-compliance?
No. As long as you keep the worker out of the workplace, it’s your decision to discipline or fire that worker or whether the worker can contribute to your business while working remotely.
16. Are there penalties for non-compliance by companies?
Our goal is always to educate and work with businesses to help them achieve
compliance. We always prefer to ensure compliance and avoid fines and
penalties. If a business refuses to comply, it is liable to a fine of $ 1,000 and escalating penalties thereafter if the violations persist.
17. Who can I call for questions about inspections?
Call the Small Business Services hotline at 888-SBS-4-NYC.
Mayor Bill de Blasio announced major new extensions to the vaccine mandate on Monday. Andrew Siff reports.