The CDC and Governor Inslee’s guidelines changed in mid-May, meaning the light may finally be at the end of the tunnel for COVID-19 restrictions. The state is expected to reopen to Phase 4 (full reopening) of the Healthy Washington – Roadmap to Recovery plan by June 30, as COVID-19 numbers continue to decline. Here, we discuss the changes to the reopening plan, its implications for city employers, things to consider for your own reopening, and an update on vaccines. AWC will continue to keep city
employers in-the-know about the changing landscape through HR Insights and our other publications as more information becomes available.
New masking and safe worksite guidelines
On May 13, the CDC issued new guidance saying that fully vaccinated people no longer
need to wear masks and social distance, except in limited circumstances. Shortly after, Governor Inslee announced an update to his “Healthy Washington” emergency proclamation. As a part of that plan, all counties were returned to Phase 3 of the reopening schedule (50% indoor capacity), and a June 30 goal was set to remove most masking and social distancing requirements if vaccinations continue and new case
numbers continue to drop. The Governor also said that Washington may be able to get to Phase 4 early if 70% of the state’s adult population (age 16+) gets at least a first COVID-19 shot. Though most restrictions are expected to lift by June
30, the Governor does not plan to fully lift the state of emergency and he reserved the right to reinitiate COVID safety measures if needed, namely if statewide ICU capacity reaches 90% again.
As the state (hopefully) continues on a glidepath to the end of the pandemic, there are a few things that cities need to know. First, the “Healthy Washington” proclamation has been updated to incorporate the new CDC guidance for vaccinated
people. You can find the latest version of the proclamation here. Importantly,
the proclamation clarifies that businesses can adopt an “honor system” policy for verifying vaccinations or assuming that unmasked adults are vaccinated. Individual businesses and local governments can still require their customers and
staff to wear masks, and cities and other local governments are prohibited from restricting a business’ right to continue a mask policy.
Second, with the new proclamation, the Governor’s office released new mask guidance for employers and employees. Employers are required to verify employee vaccinations before allowing employees to work mask-less or eliminating masking and social distancing policies. Verification can include proof of vaccination (like a vaccine card)
or an employee’s signed self-attestation that they are fully vaccinated. Employers are permitted to continue requiring masks at work regardless of an employee’s vaccination status and are permitted to mandate employee vaccinations in accordance
with federal law. The Department of Labor & Industries (L&I) has its own fact sheet on the new masking policy requirements here.
Third, Governor Inslee updated his “Safe Workers” proclamation to incorporate the new guidance. You can find the updated proclamation here. The new version of the proclamation prohibits employers from taking adverse action against employees for:
- Getting vaccinated;
- Taking time off to get vaccinated or recover from side effects; or
- Taking time off to quarantine due to exposure to COVID-19 or to experiencing COVID symptoms.
In addition, L&I has issued emergency rules to enforce the Governor’s proclamation. The rule requires employers to comply with all the conditions in the “Healthy Washington” proclamation reopening requirements. The emergency rule expires September 21. L&I has also updated its guidance to employers to reflect the relaxed masking
and social distancing rules for vaccinated employees, require employers to confirm employee vaccinated status before allowing them to go mask-less, and require employers to be able to demonstrate that they have verified vaccination status. L&I’s
news release for the updated employer guidance can be found here.
Updating reopening and telecommuting plans
As cities get ready to resume “normal” operations, they will need to consider when and how they want to bring employees back to the office. It may not be as simple as returning to our pre-pandemic ways. With large segments of the population
still unvaccinated or unable to get vaccinated, cities may want to consider continuing COVID safety practices in their reopening plans to help protect vulnerable people. The CDC’s new guidance on relaxing COVID safety protocols is specific to fully vaccinated people. CDC continues to say that the unvaccinated should continue masking and social distancing.
Additionally, many employers have found over the course of the pandemic that most employees were able to adapt quite well to telecommuting and that most city business could be adapted accordingly. Some employees may want continued telecommuting flexibility
because of childcare, family responsibilities, improved productivity, or other reasons; city employers may want to consider incorporating those needs into their permanent policies going forward. Some local governments are going with this trend and
have taken the opportunity to update their telecommuting plans for certain employees to allow permanent or part-time telecommuting. Others may want to fully return employees back to the office to promote in-person team collaboration, facilitate traditional
management, or bring back the social aspects of work that many have missed over the past year.
Last month, MRSC hosted a webinar series on the post-pandemic local government workplace that may be helpful to review as your city considers how to approach reopening. You can check out the first discussion about reopening and telecommuting plans on
MRSC’s on-demand webinar page under “Leadership.” Part two of the series was co-hosted by AWC and focused on the legal landscape
of the post-COVID office. You can access that discussion by contacting OnlineEducation@awcnet.org.
As noted in the masking and workplace safety section above, cities have the legal right to require vaccines as a condition of employment in order to create a safe working environment for their employees. However, if a city plans to mandate vaccinations,
they will need to consider accommodations for people who are unable to be vaccinated for medical or religious reasons. AWC wrote about the Equal Employment Opportunity Commission’s guidance on vaccine mandates back in our January 11 Legislative Bulletin; however, the EEOC is still considering how the new CDC guidance may have impacted their advice. EEOC has since issued additional guidance cautioning employers against offering voluntary vaccine incentives that are so large that they effectively coerce employees into getting vaccinated. Such incentives could functionally make vaccines “mandatory”
without the protections for medical and religious accommodations that are otherwise needed for a vaccine mandate.
For those that registered for AWC’s 2021 Labor Relations Institute,
you should have access to the on-demand session that addresses vaccine mandates (“The new COVID-19 ‘normal’: Vaccines and the post-vaccine workplace). If you couldn’t attend LRI but would like to register for LRI’s recorded
content, contact OnlineEducation@awcnet.org.
If you’re curious about how other jurisdictions are approaching teleworking policies, here are a few recent examples from the past couple months:
Older examples of telecommuting policies (some from the beginning of the pandemic) are available here. Additionally, if your city is interested in sharing your post-pandemic telecommuting plans, feel free to send them to mattd@awcnet.org. AWC is interested
in learning about your approach to the changing post-pandemic workplace and may use your city’s ideas to help develop a set of best practices as a reference for Washington’s reopening cities and towns.
COVID vaccines update
While continually evolving variants may present complications for vaccination efforts in the future, it appears that the vaccines are still effective at preventing infections or severe illness from the strains most prevalent in the U.S., though more studies are needed. Cities should continue to observe COVID precautions and encourage staff who are able to
be vaccinated to do so to maximize your ability to protect other staff, protect the public, and end COVID restrictions as soon as possible. Vaccines are currently available for free for all adults. City employees can find a vaccine appointment using
the state’s Vaccine Locator tool.
To help encourage vaccinations amid slowing vaccination rates, a number of incentive programs are popping up around the state. The Washington Liquor and Cannabis Board has approved facilities with liquor licenses to offer free drinks with proof of vaccination. Other businesses around the state are offering similar incentives, such as free food at restaurants, sports teams granting special seating or tickets. Some employers are also granting extra paid time off for fully vaccinated
employees. On June 3, Governor Inslee announced that Washington was going to join other states and offer a vaccine lottery, with
the first drawing on June 8. Vaccinated people
are automatically entered if they are in the state vaccine database. The Governor also vetoed a bi-partisan COVID-19 privacy bill in May because it could have interfered with potential vaccine incentive programs.
As of June 5, Washington is vaccinating around 23,000 people per day. Almost 64% of the state’s adult population (age 16+) has received at least one vaccine dose. As a reminder, the Governor has said that COVID-19 masking and social distancing rules
will be relaxed once the state hits a 70% "first shot" vaccination rate. Almost 56% of adult population has been fully vaccinated. You can track up-to-date statistics on vaccinations and COVID cases on the state Department of Health’s COVID-19 data dashboard.
The Moderna (2 stage) and Johnson & Johnson (1 stage) vaccines are approved for adults age 18+, and the Pfizer (2 stage) vaccine is approved for people ages 12+. Moderna may soon apply to have its emergency use authorization (EUA) extended to age
12+, as studies show their vaccine is safe and effective for the 12-17 age group.
All vaccines are currently available under FDA’s emergency use authorization (Pfizer has applied for full FDA approval). The Pfizer and Moderna vaccines are currently being tested for kids younger than age 12 and may complete their studies in the fall.