Mask and Social Distancing Requirements Shift as Vaccination Efforts Continue

The Department of Labor and Industries released updated guidance on masking and social distancing for fully vaccinated employees on construction jobsites and in offices.

Consistent with the new masking guidance issued by the Centers for Disease Control, employees who are fully vaccinated are no longer required to wear a mask or physically distance with certain limitations. However, local jurisdictions and businesses may adopt stricter guidelines.

As of right now, Clark County Public Health has not issued stricter mask guidance. We will update you should that change.

Before ending their mask and social distancing requirements, employers are required to confirm employees are vaccinated either by obtaining a signed attestation or proof of vaccination.

The new guidance requires employers to prove they have verified vaccination status for workers who are not masked or physically distanced by:

  • Creating a log of workers who have verified they’ve been vaccinated and the date of verification;
  • Checking vaccination status each day as workers enter a jobsite; or
  • Marking a worker’s badge or credential to show that they are vaccinated.

Other methods demonstrating an employer has verified worker vaccination status may also meet the standard.

  • When verifying an employee’s vaccine status, acceptable documentation includes a CDC vaccination card, a photo of the card, documentation from a health care provider, a signed attestation from the worker, or documentation from the state immunization information system.
  • Evidence of the verification system must be available to L&I upon request.

What’s staying in place:

  • Employers may still require mask use if they choose, and with some exceptions, employers must allow employees to wear a mask or other protective equipment if they choose to, regardless of vaccination status.
  • If an employee is not fully vaccinated or their vaccination status is unknown, employers must continue to require masks and social distancing.
  • The new guidance does not change masking rules for health care settings like hospitals, long-term care facilities, or doctor’s offices; correctional facilities; homeless shelters; or schools. And the federal order requiring masks on public transportation remains in place.
  • Employers cannot fire or discriminate against an employee who is at high risk of contracting COVID-19 and is seeking accommodation that protects them from COVID-19 exposure.
  • Unvaccinated individuals are still required to wear face coverings in all public spaces.

*All other Construction COVID-19 Jobsite Requirements remain in effect until further notice.