Published on May 25, 2022

An update on workplace COVID-19 proclamations

Contact: Candice Bock, Matt Doumit

As the COVID-19 pandemic enters a new phase, policymakers are beginning to shift strategies from emergency crisis response to endemic disease management. Case rates are currently seeing a slight uptick, though nowhere near their January 2022 peaks, and hospitalizations and deaths continue to remain low compared to recent highs. Hopefully, we truly have turned a corner in the pandemic and can begin to think about the long term. As workplaces adjust to “normal” (or whatever the new normal will be going forward), we thought it might be useful to remind readers of which state COVID-19 proclamations are still in effect.

Vaccinations

The Department of Health reports that as of May 9, nearly 82% of Washington residents age five and up has had at least one vaccine dose, and nearly 75% are fully vaccinated.

It is important to note that the Governor has not lifted the vaccine mandate for state workers and other workers in certain jobs working around vulnerable populations. On May 20, he issued an amended vaccine proclamation, Proc. 21-14.5 COVID-19 Vaccinations. Under this proclamation the following workers continue to require vaccinations, or be granted a valid medical or religious exemption:

The updated proclamation explains that on-site contractors and volunteers that primarily work outdoors and whose jobs do not involve providing healthcare services are now exempt from the vaccine requirement. Examples include contracted landscapers, contracted or volunteer wildland firefighters, and contracted construction workers.

The proclamation also outlines the process for seeking religious or medical exemptions from the vaccine requirement, as well as how workers can prove their vaccination status and how employers can confirm vaccination status.

You can find an updated FAQ about the vaccine requirements here.

Workplace safety

The Governor’s Proc. 21-08.1 Safe Workers proclamation also remains in effect. Gov. Inslee issued the updated proclamation on February 17. The safe workers proclamation prohibits employers from taking “adverse employment actions” (including terminating or suspending the employee, denying use of available leave, etc.) against employees for:

  • Wearing a face covering at work;
  • Getting vaccinated;
  • Taking time off to get vaccinated or recover from vaccine side effects; and
  • Taking time off to comply with a quarantine order, follow the advice of a health provider to self-quarantine, or self-quarantine because the employee is showing COVID-19 symptoms.

Masking

On March 11, Gov. Inslee issued his updated Proc. 20-25.19 “Washington Ready” proclamation, effectively lifting the state’s universal masking requirement for most workplaces. It did this by incorporating the Secretary of Health’s 20-03.8 Statewide Face Coverings Order. The Secretary of Health’s order lifted the general mask mandate and only requires face coverings in health care settings, long-term care facilities, and correctional/jail facilities.

The Governor’s proclamation also reiterates that employers are bound by the Department of Labor & Industries’ guidance on masks and COVID-19 precautions, that employers are required to notify their local health department if they suspect a workplace COVID-19 outbreak, and that everyone is expected to cooperate with public health authorities dealing with outbreaks. The proclamation also reiterates that employers are permitted to maintain their own COVID-19 precautions (like masking or vaccine requirements) regardless of a state mandate if they deem it necessary for maintaining a safe and healthy workplace.

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