The recent adoption of amended regulations and its allowances for fully-vaccinated employees means that employers are bound to consider how they will manage employees at their work-sites and facilities, and whether they will make any distinction between employees who are fully vaccinated and those who are not.
The main purpose of this special amendment is to address the complex and multi-layered legal issues implicated by employer requests for documentation regarding employee’s vaccination status and uses of that information.
The ‘requesting proof of’ includes:
Employees Vaccination Status
To take advantage of the allowances provided under the amended regulations, which authorizes employers to exempt fully-vaccinated employees from certain regulatory requirements, employers must document employees’ vaccination statuses. Such a vaccination record offers the best evidence of an employee’s vaccination status with the employer’s request that the employee attests or self-certify to their vaccination status. The attestation should be in writing and should also include the date and the employee’s signature, if possible.
Confidentiality
This is related to information regarding employee’s vaccination status.
Once an employer secures documentation regarding an employee’s vaccination status, the documentation information will constitute confidential medical information under both the ADA and the Confidentiality of Medical Information Act (CMIA).
Additionally, the amended regulations will protect employee medical records implicated by the regulations and only permit disclosure where expressly permitted or required by law. Employers in possession of confidential medical information about their employees are subject to strict statutory obligations related to protecting and preserving such information. Also, under the ADA, employers are expected to keep confidential medical information in a medical file that is separate and distinct from the employee’s personal records.
Requirements
To use information regarding employees’ vaccination status for purposes other than Civil Code section 56.20’s limited exceptions; an employer must first obtain from the employee a CMIA-compliant authorization.
The CMIA sets forth certain requirements in order for an employment authorization to be regarded as valid. Pursuant to it, the authorization must fulfill certain requirements, that is, authorization must
- Be handwritten by the employee, or else typed in at least 14-point font.
- Be signed and dated by the employee.
- Be clearly separate from any other language on the page and must be executed by a signature that serves only to execute the authorization.
- Clearly state the limitations, if any, on the types of medical information to be revealed.
- Clearly state the names or functions of both the person(s) authorized to make disclosures and the persons or entities authorized to receive disclosures of the medical information.
- Clearly state a specific date after which the employer may no longer reveal the medical information.
- Clearly state the limitations, if any, on the use of the information.
- Advise the employee that he or she may receive a copy of the authorization.
Guidance On Requesting Proof
In case, you are having doubts on how to request proof of employees’ vaccination, confidentiality, and requirements, then look up the Compliance Prime webinar.
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