On May 21, 2021, the Washington Department of Labor & Industries (“L&I”) published new guidance regarding fully vaccinated workers.  The new guidance will help employers adjust masking policies to meet the new Centers for Disease Control and Prevention (“CDC”) guidelines adopted by Governor Jay Inslee.

Under the new guidance, most Washington employers need not require masks or social distancing for fully vaccinated employees.  However, employers must confirm workers are fully vaccinated before ending mask and social distancing requirements for those employees.  Unvaccinated employees—or employees whose vaccination status is unknown—must continue wearing masks and social distancing.

To prove vaccination status, employees must either sign a document attesting to their vaccination status or provide proof of vaccination.  Employers must be able to demonstrate verification of vaccination status for workers who are not masked or physically distanced.  Verification methods may include:

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

When verifying vaccination 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.

Importantly, under the new guidance, employers and local public health agencies can still require mask wearing and social distancing at work if they choose to do so.  Finally, the new guidance does not change masking rules for health care settings, which must continue to require all employees to wear masks.

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Photo of Karin Jones Karin Jones

Karin Jones provides practical advice to employers regarding a wide variety of workplace and personnel issues and helps employers minimize the risk and impact of workplace problems.  When litigation arises, she represents employers before administrative agencies and the state and federal courts.  Karin…

Karin Jones provides practical advice to employers regarding a wide variety of workplace and personnel issues and helps employers minimize the risk and impact of workplace problems.  When litigation arises, she represents employers before administrative agencies and the state and federal courts.  Karin has experience representing employers in disputes involving discrimination, harassment, reasonable accommodation, employee family and medical leave, wage and hour claims, workplace safety (WISHA/OSHA), and whistleblower complaints, among other workplace issues.

Click here for Karin Jones’ full bio.

Photo of Mark Morgan Mark Morgan

Mark Morgan is an associate in Stoel Rives’ Labor & Employment group. Mark represents local and national employers in a variety of employment-related matters. In addition to advising employers, his practice includes resolving disputes in state and federal courts involving allegations of discrimination…

Mark Morgan is an associate in Stoel Rives’ Labor & Employment group. Mark represents local and national employers in a variety of employment-related matters. In addition to advising employers, his practice includes resolving disputes in state and federal courts involving allegations of discrimination, retaliation, wrongful termination, Family Medical Leave Act and Equal Pay Opportunity Act issues.

Before joining Stoel Rives, Mark was an attorney at Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (2019–2021) and at Lasher Holzapfel Sperry & Ebberson PLLC (2018–2019). Mark also was a judicial law clerk for the Honorable James R. Verellen of the Washington State Court of Appeals, Division I (2016–2018). While in law school, he was a judicial extern for the Honorable J. Robert Leach of the Washington State Court of Appeals, Division I.

Click here for Mark Morgan’s full bio.