Can Employers Mandate Vaccination Programs And Require Masks?

Employers can lawfully mandate employee COVID-19 vaccinations, subject to medical and religious exemptions, although doing so is not without risk, as Lane Powell explained in a previous Legal Update.

So what's new? As COVID-19 cases, related hospitalizations, and the more infectious Delta variant continue to surge nationwide, some West Coast states have instituted mandatory vaccinations for certain employees. Washington, Oregon, and California now mandate employee vaccination for certain government and health care employees. These vaccination requirements continue to be subject to exemptions for documented medical and religious reasons. See Lane Powell's Legal Update.

Stricter face coverings rules are also being re-instituted, even for the vaccinated, departing from earlier guidance.  Key highlights of these recent state mandates are discussed below. 

Oregon

Vaccinations Required for State Employees and Healthcare Workers

• No later than September 30, 2021, all individuals performing work in healthcare settings must be tested weekly for COVID-19 or waive testing with proof of vaccination. 
   
• No later than October 18, 2021, all individuals performing work for a state agency must be fully vaccinated from COVID-19 unless an employee is entitled to an exemption for medical or religious reasons.
   
• Employees in these sectors who do not show proof of vaccination or receive a legally-permissible exemption by the deadline may be subject to termination of their employment.

Mask Mandates

• As of August 13, 2021, face coverings are required indoors statewide for individuals over age five.

Washington

Vaccinations Required for State Employees and Healthcare Workers

• No later than October 18, 2021, all individuals performing work for a state agency or performing work in healthcare or long term care settings must be fully vaccinated for COVID-19 unless they are entitled to an exemption for medical or religious reasons.
   
• Employees in these sectors who do not show proof of vaccination by the deadline may be subject to termination of their employment.
   
• Unlike the Oregon and California mandates, Washington's mandate does not provide weekly testing as an alternative to vaccination.

Mask Mandates

• The Governor's proclamation does not change any current face-covering requirements for employees in the public or private sectors or mandate masks. However, the Governor has recommended face coverings in indoor public settings, regardless of vaccination status.

California

Vaccinations Required for Healthcare Workers, Workers in Congregate Settings, State Employees, and K-12 Teachers and Staff

• As of August 2, 2021, all California state employees were required to be fully vaccinated. If they are unvaccinated (including for medical or religious reasons), they must be tested at least once weekly.
   
• No later than August 23, 2021, healthcare workers or workers in congregate settings such as correctional facilities must provide proof of vaccination for COVID-19. If they are unvaccinated, they must be tested at least once weekly. 
   
• No later than October 15, 2021, all public and private K-12 teachers and staff must provide proof of vaccination for COVID-19. If they are unvaccinated, they must be tested at least once weekly. 

Mask Mandates

• Unvaccinated persons continue to be required to wear masks in all indoor public settings statewide; universal masking regardless of vaccination status is recommended.
   
• As of July 26, 2021, all healthcare workers, workers indoors at K-12 schools or childcare centers, workers in congregate settings, and workers at adult and senior care facilities must wear face coverings and other applicable personal protective equipment (PPE).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.