King County WA, Including Seattle, Adopts Vaccine Verification Requirements And Encourages Employers To Do The Same – Coronavirus (COVID-19)

United States:

King County WA, including Seattle, has vaccine verification requirements and encourages employers to do the same

September 21, 2021

Seyfarth Shaw LLP

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Seyfarth synopsis: Starting October 25, guests must provide proof of full vaccination or a negative test for COVID-19 to enter a King County restaurant, bar, gym, theater, or venue. Employers and venue operators are strongly advised to independently request vaccination from employees or volunteers.

Claiming that vaccinations are the most effective way to reduce the spread of COVID-19, King County Executive Constantine and Seattle Mayor Durkan announced new requirements in the form of a Vaccination Regulation verification requiring guests to provide evidence of vaccines to Entering certain indoor spaces and outdoor facilities, with an alternative of providing a negative COVID-19 test instead. This does not apply to children under the age of 12 who are not yet eligible for vaccination.

This will put a strain on companies covered by the regulation as they will have to use extra staff to check vaccination status in an environment where many restaurants and other businesses are already understaffed. It can also result in employees being empowered to “enforce vaccines”, potentially exposing them to verbal and even physical attacks from customers who are unwilling to provide evidence of vaccination or a negative test. New York, San Francisco, and New Orleans have already adopted similar requirements.

From October 25, 2021 everyone Patrons and customers aged 12 and over need to check if they are
fully vaccinated before entering the following public events and institutions:

• Outdoor recreational and entertainment events with 500 or more people, such as college sports, professional sports, and concerts.
• Indoor restaurants, bars and taverns with a capacity of 12 and more seats AND entertainment and leisure facilities, such as entertainment and performing arts venues, night clubs, music and concert venues, cinemas, museums, stadiums and arenas for university and professional sports, exhibition halls and convention centers, with indoor consumption of food and / or beverages.
• Indoor restaurants, bars and taverns with fewer than 12 seats (from December 6, 2021).

“Fully Vaccinated” means that an individual has received all required doses of an FDA-approved COVID-19 vaccine (two doses of the Moderna or Pfizer BioNTech vaccine, or one dose of the Johnson & Johnson vaccine) or one approved by the WHO The vaccine has received the COVID-19 series of vaccines (such as the AstraZeneca vaccine) and 14 days have passed since the last dose.

Evidence of vaccination can be provided using one of the following documentation methods:

• CDC COVID-19 Vaccine Card or Photo of the CDC Vaccine Card
• QR code, digital or printed certificate from MyIRmobile.com (WA Department of Health My Immunization Records)
• Vaccination protocol from a vaccine provider, including a doctor, pharmacy, or other official vaccination protocol in or outside the United States, or a photo or photocopy
• Specific mobile apps that check vaccination status will be allowed if approved by the WA Department of Health or Public Health – Seattle & King County

Guests can also demonstrate a negative COVID-19 PCR test performed no more than 72 hours prior to entry or a negative COVID-19 rapid test performed on site. Medical or religious exceptions are not acceptable in lieu of vaccine verification or a negative COVID-19 test.

In addition to children under the age of 12, several other exceptions are expressly listed in the order, including:

• Outdoor or indoor youth sports events for elementary, middle school and high school age participants and the spectators of these events
• Alfresco dining, takeaway food from restaurants, taverns, and bars, and indoor dining in buildings that are primarily used for non-dining purposes such as airports, food courts in shopping malls, and school canteens
• Funerals and weddings (except in indoor public spaces)
• Faith-based gatherings (except in indoor public spaces)
• Voting centers sanctioned by King County’s elections and held in each location

While the Order does not go so far as to mandate vaccination of staff or volunteers in the covered facilities or venues, Highly recommend that employers and venue operators independently require vaccinations from employees or volunteers.

The content of this article is intended to provide general guidance on the subject. Expert advice should be sought regarding your specific circumstances.

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