Santa Clara County, CA: Mandatory Employee Vaccine Tracking

On May 18, 2021, Santa Clara County issued an emergency order requiring businesses to document the vaccination status of all personnel working in the County. The short-lived order was partially rescinded on June 21, 2021, but the new order still requires action by employers. Below is a summary of where things stand.

• • Coverage: All individuals, businesses, and governmental entities in Santa Clara County are covered by the Order. This includes both for-profit, non-profit, or educational entities. Individuals who do not live in Santa Clara County but work in the county are still required to comply.
  • Vaccination Status: Businesses must treat any individuals whose vaccination status has not yet been ascertained (including individuals who decline to provide status) as not fully vaccinated.
  • Tracking Status: Employers must initially ascertain the vaccination status of all personnel, including employees, independent contractors, and volunteers, who are currently or will be working at a facility or worksite in Santa Clara.  For individuals who are not fully vaccinated, employers must ascertain their vaccination status again within 14 days of the first inquiry. Employer obligations end once two rounds of ascertainment have been completed; however, employers are strongly encouraged to continue ascertaining vaccination status of unvaccinated workers on a regular basis.
  • Documentation: Employers are not required to keep proof of vaccination status on file, though the FAQ attached to the original order suggests reviewing an individual’s vaccine card or obtaining self-certification from the individual, such as by using the county-provided model form.
  • Record Keeping: Businesses must keep record of (1) the request for vaccine status and (2) records of who is fully vaccinated for as long as the Cal/OSHA Emergency Temporary Standard is in effect. All records should be treated as private information. Employers may be required to present evidence of the requests for information to demonstrate compliance with the Order.
  • Penalties: Businesses that fail to ascertain or record vaccination status are subject to enforcement penalties and may be required to pay fines of up to $5,000 per violation per day.

  Finally, the latest order strongly recommends employers to encourage personnel to get vaccinated, operate outdoors as much as possible, prohibit non-vaccinated personnel from engaging in work-related travel to places with elevated rates of COVID-19, and require all personnel who are not fully vaccinated to regularly test for COVID-19.

Action Items