The new mandates are a pre-emptive strike against a triple threat of COVID-19: the emergence of Ómicron, the constant threat of the delta variant, which is increasing hospitalizations and indoor holiday gatherings.
What you should know
- NYC Has Released More Comprehensive Guidance On Its Looming Vaccine Mandate For The Entire Private Sector Workforce; The changes begin on December 27 and are part of a general expansion affecting the Key2NYC measure.
- The new rules require extensive tracking and documentation of employee data by private companies and the city launched a new website (nyc.gov/vaxtowork) to store the information.
- Mayor Bill de Blasio has said the mandate expansion is necessary to combat the triple threat of COVID from the rise of Ómicron, the severity of the delta and potential spikes related to vacation gatherings and travel.
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NEW YORK – The City Council released comprehensive guidance Wednesday on the imminent private sector vaccine mandate to take effect later this month, a stricter order in the nation, Mayor Bill de Blasio has called a pre-emptive strike on triple COVID threat posed by the rise of Ómicron, the severity of the delta and the holiday season.
Beginning December 27, all private sector workers who have not requested reasonable accommodations must provide proof of complete vaccination or at least one dose to their employers. If an employee is not fully vaccinated, the person must submit the date that proof of the second dose will be provided. That date must be within 45 days of the date they presented proof of their first dose, according to the city.
All employers will keep a record of each worker’s testing and exemption requests and must be prepared to make their records available for inspection. Options for how to do it are listed on a new dedicated website the city launched on Wednesday. Those who request a waiver can continue to work while their claims are processed, De Blasio says. But those requests must be submitted by December 27.
Businesses must complete a certificate stating that they are in compliance with the new vaccine mandate when it goes into effect on December 27 (see affirmation document here). They should also post an official sign from the Department of Health and Mental Hygiene in an obvious place that outlines the new rules for employees.
Non-employed personnel, such as contractors, must provide proof of vaccination to their respective employers. Businesses can request that a contractor’s employer confirm proof of vaccination, in accordance with city guidelines. Companies should keep a record of these requests and the confirmations they receive, officials said.
There are limited exceptions to the private sector mandate, de Blasio said:
- People who work alone, at home or otherwise, and have no face-to-face contact with co-workers or others in the course of their business.
- People who enter a workplace briefly for a limited purpose, such as using the bathroom
- Performing artists, college or professional athletes who are not residents of New York City and anyone accompanying them.
- People who have requested reasonable accommodations for medical or religious reasons. If a worker is granted a reasonable accommodation, companies must record the basis for the accommodation and retain supporting documentation in accordance with the guidance found at this page.
The upcoming expansion to the entire New York City private workforce is part of an overarching and controversial plan that also includes new Key2NYC requirements for children and ups that require dose testing of one to two for anyone 12 years and older in ahead.
“This is the most audacious action in the nation. It is very, very consistent with what we are dealing with now because we have powerful new threats. We have to respond to them,” De Blasio said Wednesday, echoing his rationale with growing urgency. for a series of new COVID measures in recent months. “We can’t be too late for Ómicron. This new variant moves fast. We have to move faster.”
When asked about the possible consequences for companies and employees in violation, De Blasio says some have to be at stake to maximize compliance. He did not elaborate on what that might entail and hopes that most companies will comply from the start.
For the city workforce, failure to comply with the vaccine mandate in the absence of an approved exemption comes with unpaid leave. Some smaller private companies may not have that capacity, de Blasio acknowledged, which is why his team has spent the past nine days trying to solve challenges with them.
The mayor said Wednesday that his administration and its various agencies have met with 77 business improvement districts across the city since announcing the planned expansion, with the five county chambers of commerce and other stakeholders to try to refine the approach to support both public health and business interests.
Regardless, de Blasio is expected to face a backlash from companies of all sizes over various elements of the expansion of his vaccine mandate, which will take effect two days after Christmas. For small businesses, some of the complaints have been related to the size of the workforce. If they don’t have enough staff to put vaccine-non-compliant employees on leave, some wonder how they can enforce the order.
Detailed policies released Wednesday did not specifically address challenges for small businesses. The city’s website just says: “Small businesses wanting help with this requirement can call the New York City Department of Small Business Services hotline at 888-SBS-4NYC (888-727-4692 ) “.
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