Mandatory Directive For Unvaccinated Personnel

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Please review all applicable State public health orders, guidance, and regulations.  Where there is a difference between the County public health requirements and the State public health requirements, the more restrictive requirements must be followed.

Information on the State’s public health requirements is available at covid19.ca.gov.

Issued: May 18, 2021
Effective: May 19, 2021

This Directive explains requirements applicable to all personnel who are not confirmed as fully vaccinated.  These requirements help ensure that unvaccinated personnel are kept safe and help prevent transmission of COVID-19.  This Directive is mandatory, and failure to follow it is a violation of the County Health Officer’s Order issued on May 18, 2021 (“Order”). Any business, organization, or government entity that has any personnel who are not fully vaccinated must comply with the requirements in this Directive.

The Order Issued May 18, 2021

The Order contains recommendations and imposes several requirements on all businesses and government entities to ensure that Santa Clara County stays as safe as possible, including but not limited to the following:

  • Ascertainment of Vaccination Status and Mandatory Rules for Personnel not Fully Vaccinated. Businesses and governmental entities must ascertain the vaccination status of all personnel (including employees, contractors, and volunteers) who are currently or will be working at a facility or worksite in the county and must comply with the rules for personnel who are not fully vaccinated, as required in Sections 9.c and 9.d of the Order.
  • Face Covering Requirements. All persons must comply with the mandatory rules on use of face coverings contained in the Health Officer’s Mandatory Directive on Use of Face Coverings.
  • Case Reporting Requirements. Businesses and governmental entities must require that all personnel immediately alert the business or governmental entity if they test positive for COVID-19 and were present in the workplace either (1) within the 48 hours prior to onset of symptoms or within 10 days after onset of symptoms if they were symptomatic; or (2) within 48 hours prior to the date on which they were tested or within 10 days after the date on which they were tested if they were asymptomatic.  In the event that a business or governmental entity learns that any of its personnel is a confirmed positive case of COVID-19 and was at the workplace in this timeframe, the business or governmental entity is required to report the positive case within 24 hours to the County Public Health Department at sccsafeworkplace.org and comply with subsequent necessary measures.

See the Order and the FAQ page for more details.

In addition to these general requirements applicable to all businesses under the Order, businesses and governmental entities must comply with the following requirements.

Requirements for Personnel Not Fully Vaccinated

  1. For purposes of this Directive, the following definitions apply:
    1. For purposes of this Directive, “personnel” means the following individuals who provide goods or services or perform operations associated with a business in the county: employees; contractors and sub-contractors (such as those who sell goods or perform services onsite or who deliver goods for the business); independent contractors (such as “gig workers” who perform work via the business’s application or other online interface); vendors who are permitted to sell goods onsite; volunteers; and other individuals who regularly provide services onsite at the request of the business.
    2. For purposes of this Directive, a person is “fully vaccinated” two weeks after completion of the entire recommended series of vaccination (usually one or two doses) with a vaccine authorized to prevent COVID-19 by the federal Food and Drug Administration, including by way of an emergency use authorization. For example, as of the date of issuance of this Order, an individual would be fully vaccinated at least two weeks after receiving a second dose of the Pfizer or Moderna COVID-19 vaccine or two weeks after receiving the single dose Johnson & Johnson COVID-19 vaccine.
  2. Mandatory Requirements for Personnel Not Fully Vaccinated
    1. Businesses and governmental entities must ensure that all personnel not fully vaccinated who are working onsite wear face coverings in accordance with the Health Officer’s Mandatory Directive on Use of Face Coverings.
    2. Businesses and governmental entities must ensure that all personnel not fully vaccinated who are a “close contact” to a confirmed case, or who have been confirmed to have COVID-19, are excluded from the workplace for the duration of all applicable quarantine and/or isolation periods in accordance with the guidance of the Health Officer at www.sccsafeworkplace.org.
    3. Businesses and governmental entities must provide all personnel not fully vaccinated, whether working onsite or remotely, with information on how to get vaccinated.  A sample compliant information sheet is available at www.sccsafeworkplace.org.
  3. Strong Recommendations for Personnel Not Fully Vaccinated
    1. The Health Officer urges businesses and governmental entities to prohibit all personnel not fully vaccinated from engaging in any work-related travel, especially travel greater than 150 miles from the county.
    2. The Health Officer urges businesses and governmental entities to require all personnel not fully vaccinated to obtain weekly PCR testing for COVID-19, or daily antigen testing with COVID PCR confirmation of any positives.

 Stay Informed

For answers to frequently asked questions, please see the FAQ page.  Please note that this Directive may be updated.  For up-to-date information on the Health Officer Order, visit the County Public Health Department’s website at www.sccgov.org/coronavirus.

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