October 4 was the last day for state workers to receive their second dose of a COVID-19 vaccine in order to continue working in their positions. Under Gov. Inslee's Proclamation 21-14.1, issued on Aug. 20, all state employees, contractors, and volunteers are required to be fully vaccinated by Oct. 18, unless they obtain a religious or disability exemption and accommodation. The vaccination status of state employees must also be verified.
Inslee declared a state of emergency on Feb. 29, 2020, which gave him the power to prohibit any activity that threatens to preserve life and health of Washingtonians. Inslee's justification for the new order is that not all COVID safety prevention measures – such as masking, social distancing, and frequent hand washing – prevent outbreaks. Vaccination remains the strongest tool for preventing COVID-19.
"Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5). Further, if people fail to comply with the required facial coverings, social distancing, and other protective measures while engaging in this phased reopening, I may be forced to reinstate the prohibitions established in earlier proclamations," read the document.
Who does the order apply to?
The proclamation includes healthcare workers, K-12 employees, and all other state employees, such as ferry workers and the Washington State Patrol. Those who hold a Washington Department of Health (DOH) certificate, license, or registration and are actively practicing or providing services fall under the proclamation. Those permitted by law to provide healthcare services (without DOH credentials) and are actively providing services also fall under this order.
Proclamation 21-14.1 applies to telehealth service providers, even if they conduct no in-person services.
Patients are also allowed to ask their providers if they are fully vaccinated.
Those who work on-site in any healthcare setting, such as contractors, volunteers, administrative staff, and cleaning service workers, are required to be fully vaccinated by Oct. 18. Students who are training in healthcare settings and firefighters with EMT or paramedic certifications are required to become fully vaccinated.
If volunteers are too young to receive a vaccine, they must become fully vaccinated as soon as they are eligible.
Directors, secretaries, and executive officers of state agencies must become fully vaccinated by Oct. 18. Those appointed to serve on a board, commission, or a similar body, such as executive cabinet agencies and small cabinet agencies, fall under this proclamation. Executive cabinet agencies include the Department of Agriculture and the Department of Ecology, while small cabinet agencies include the LGBTQ Commission and the Commission on Hispanic Affairs.
Types of healthcare settings
Healthcare settings include hospitals; urgent care; long-term care facilities; inpatient rehab and behavioral health; mobile clinics, including ground and air ambulances; dental clinics; massage therapy offices; pharmacies (not including retail areas); outpatient facilities, including physician offices and behavioral health offices; chiropractic offices; midwifery practices; hospice care centers; and blood collection facilities.
Who doesn't it apply to?
The proclamation does not apply to healthcare providers who are not currently practicing or providing services; veterinarian healthcare settings; animal control agencies; research facilities where no healthcare is provided; nonprofit humane societies; licensed foster homes that don't primarily involve healthcare services, such as the Department of Children, Youth & Families; certain athletic trainers; and those who provide only personal care services.
Those who work fully remotely in the field of healthcare field and information technology, for example, are not required to become fully vaccinated. If there is some in-person work, however, the proclamation applies.
The proclamation does not apply to tribal healthcare settings unless a Washington licensed provider is working in a tribal healthcare setting.
Proof of vaccination
It is the responsibility of the facility operator to verify the vaccination status of every employee, contractor, and volunteer. They do not need to obtain a copy of an employee's vaccination card, but they need to verify and track the vaccination status of everyone. Proof of vaccination includes:
Personal attestation is not an acceptable form of verification, and frequent COVID-19 testing is not an alternative to becoming fully vaccinated. Furthermore, if a worker submits a CDC vaccination card that is later found to be fraudulent, the operator of the facility must immediately stop them from working.
Lawful authorities – such as law enforcement, local health jurisdictions, the DOH, the Department of Labor & Industries, and the Department of Social and Health Services – may request proof of vaccinations.
Disability or religious exemptions
Individuals may opt out of the vaccination mandate if they receive a disability or religious exemption. To receive a disability exemption, people must obtain appropriate documentation from a healthcare provider with a professional statement. To receive a religious exemption, people must provide a handwritten statement explaining how the vaccination order conflicts with their religious observance, practice, and beliefs. Religious belief exemptions must be sincere, and accommodations must be made for those exemptions are approved.
Provisions
In early October, Gov. Inslee made provisions to the proclamation for all state workers in order to provide more time for employees to become fully vaccinated while also keeping their jobs. The provisions state that if a disability or religious exemption request is denied and an accommodation is not possible, the employee may use annual leave and leave without pay for up to 45 days in order to become fully vaccinated.
Additionally, if a state worker started the vaccination process late and is not fully vaccinated by Oct. 18, they can use unpaid leave for up to 30 days in order to become fully vaccinated. The employee maintains the right to return to their position (or an empty position in the same job class) once they become fully vaccinated and if the position has not been filled. These new provisions expire on Nov. 17.
If an employee is not fully vaccinated by Oct. 18, operators must prohibit them from working at facilities, although they may rehire the employee once they become fully vaccinated.
Those who refuse to get vaccinated and opt for no accommodations may receive a gross misdemeanor subject to law enforcement jurisdiction; this may result in civil enforcement action. Those who seek disability or religious exemptions may lose their jobs if accommodations are unable to be put in place.
The current figures
The State Human Resources division of the Office of Financial Management (OFM) has been collecting data regarding how many state employees have completed the vaccination verification and how many requested and received exemptions; state agencies began reporting this data to the OFM in September.
As of Oct. 7:
For those seeking religious exemption as of Oct. 7:
For those seeking disability exemptions, as of Oct. 7: