On October 11, 2021, Texas Governor Greg Abbott issued an executive order expanding upon a recently passed law that generally prohibited Texas businesses from requiring proof of vaccination from customers. The new executive order applies to both consumers and employees and states, in part: “No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee or a consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.” The executive order does not define “personal conscience” or explain what “prior recovery from COVID-19” means in the context of objecting to a COVID-19 vaccine. The order also sets up a maximum fine of $1,000 for failure to comply with the order (although the order is unclear regarding how the fine would be calculated).
San Francisco Relaxes Mask Requirements for Indoor Settings With Groups of Vaccinated Individuals Who Regularly Interact
On October 7, 2021, Mayor London Breed and the San Francisco Department of Public Health announced that the city will relax indoor face mask requirements in certain settings if hospitalization rates remain stable or decline. The change will take effect October 15, 2021. Read the announcement.
Los Angeles Mayor Garcetti Signs Ordinance Requiring Proof of COVID-19 Vaccination for Certain Indoor Establishments and Large Outdoor Events
On October 6, 2021, Los Angeles Mayor Eric Garcetti announced on Twitter that he had signed an ordinance expanding the city’s requirements for proof of COVID-19 vaccination. The law will become effective on November 4 and will remain in effect until further notice.
LA County Issues New Health Order Affecting Bars, Breweries, Wineries, Distilleries, Restaurants, and Outdoor Mega Events
On September 17, 2021, the County of Los Angeles Department of Public Health issued a new Public Health Order, effective at midnight on October 7, 2021, and continuing until further notice.
The Health Order emphasizes that “[t]he best way to reduce the current level of community transmission and to prevent future surges is for everyone who is eligible, including those who have recovered from a COVID-19 infection, to get fully vaccinated as soon as possible.” To promote its goal and reduce community transmission of the virus, the Health Order requires:
Contra Costa County Issues Mandate Requiring COVID-19 Vaccine or Testing for Certain Businesses, Non-Profits, and Higher Education Institutions
On September 14, 2021, Contra Costa County issued Health Order No. HO-COVID19-57 (the “Order”) mandating certain Contra Costa County businesses and operations to verify its patrons and employees are either fully vaccinated or have a recent negative COVID-19 test result in response to the surging number of COVID-19 delta variant cases. The Order takes effect at 8:00 a.m. on September 22, 2021.
City of Berkeley Issues Mandate Requiring COVID-19 Vaccine for Certain Business Patrons and Employees
On September 1, 2021, the City of Berkeley issued an order mandating that certain Berkeley businesses and operations verify proof of full vaccination of their employees and patrons (the Order) in response to the surging number of COVID-19 Delta variant cases.
Federal “Path Out of the Pandemic” Announced by the White House Implements New Requirements Affecting Private and Public Employers
Today, President Biden announced the nation’s COVID-19 Action Plan, which is a six-prong, comprehensive national strategy designed to save lives, keep schools open and safe, and protect the nation’s economy while avoiding additional lockdowns and damage. The six prongs are:
- Vaccinating the unvaccinated;
- Further protecting the vaccinated;
- Keeping schools safely open;
- Increasing testing & requiring masking;
- Protecting the nation’s economic recovery; and
- Improving care for those with COVID-19.
Cal/OSHA Encourages Employers and Workers to Follow Updated CDPH Guidance Recommending Face Coverings Indoors
On August 25, 2021, Cal/OSHA issued a press release which encouraged employers and workers to follow the recent update from the California Department of Public Health (CDPH) recommending that all individuals wear face coverings while indoors regardless of vaccination status (August 25 Recommendation). The full text of the Cal/OSHA press release is linked here and
OSHA Updates Workplace Guidance on COVID-19 to Align With CDC Guidance
On August 13, 2021, the Occupational Safety and Health Administration released updated general industry guidance for COVID-19 that is applicable to all workplaces. OSHA’s general industry guidance, which is advisory and creates no binding legal requirements, focuses on unvaccinated workers and others who are “at risk” (i.e., immunocompromised individuals).
OSHA has added additional recommendations that
City of San Francisco Updates its Health Order to Mandate Certain Businesses Verify Proof of Vaccination
On August 12, 2021, the City of San Francisco revised its Health Order C19-07y (the “Order”) to mandate certain San Francisco businesses and operations verify proof of vaccination of its staff and patrons in response to the surge of cases caused by the COVID-19 delta variant.
Who does this apply to?
The revised Order requires: (1) businesses and events that serve food or drink indoors (e.g., dining establishments, bars, clubs, theaters, and entertainment venues); (2) gyms, recreation facilities, yoga studios, and other fitness establishments; and (3) indoor events with 1,000+ person attendance, to verify patrons 12 years of age and older are fully vaccinated prior to entering the business’ or event’s indoor facilities starting August 20, 2021, ascertain the vaccination status of staff by August 20, 2021, and ensure staff who routinely work onsite are fully vaccinated before entering or working in any indoor portion of the facility by October 13, 2021, with limited exceptions and subject to applicable federal, state, or local laws requiring accommodations.