Top 10 Questions about the New NYC Vaccine Mandate
/New York City’s sweeping mandate requiring nearly all private-sector businesses to only allow vaccinated employees into the workplace has taken effect today.
Employees are required to show proof they have received at least one dose of a COVID-19 vaccine by today.
Employers have to verify and keep a record of each worker’s proof of COVID-19 vaccination. Employees who have only received one shot will have to get a second one within 45 days.
Dealers must also display a sign affirming they are complying with the rule “in a conspicuous location,” under the city’s mandate.
Below is a list of the most frequently asked questions GNYADA’s Dealer Hotline has received and our answers to each of them:
1. What Am I Required to Do as an Employer?
Workers must provide or have provided proof of vaccination against COVID-19 to their employers by Dec. 27, and a business must exclude from the workplace any worker who has not provided such proof unless an exception due to a religious or medical accommodation applies, or a worker only ever enters the workplace for a quick and limited purpose.
2. Do I Need to Keep Records of Vaccination Proof for All Workers?
It is easiest and most efficient to keep a record of each worker’s proof of vaccination. You can do so by either: 1) making a copy or taking a picture of their proof of vaccination or 2) creating your own paper or electronic record that includes the following information for each worker: name, vaccination status, second-dose proof date for workers who have only submitted proof of one.
3. Do I Need to Keep Records of Reasonable Accommodations?
Yes, if any of your workers do not get vaccinated because you approved a reasonable accommodation for them based on their religion or medical condition, you will need to have a record of when you granted the reasonable accommodation, the basis for doing so, and any supporting documents the worker provided for the reasonable accommodation.
4. What If a Worker Says Religion or Medical Conditions Preclude COVID Vaccination?
Workers who have a sincerely held religious belief (not a social or political belief), or a medical condition that prevents them from being vaccinated may apply for a reasonable accommodation. They must apply by Dec. 27 and that begins the reasonable accommodation process. Employers may permit workers to continue coming into the workplace while their exemption requests are pending.
Guidance on how to handle reasonable accommodation requests as well as a checklist that employers can use to process reasonable accommodation requests is available at https://www1.nyc.gov/assets/doh/downloads/pdf/covid/vaccination-workplace-accommodations.pdf.
5. If Workers Submit Proof of Just One Dose of a Two-Dose Vaccine, Do I Need to Make Sure They Get Their Second Dose?
The requirement for Dec. 27 is proof of ONE DOSE. Workers need to get their second dose within 45 days. If they do not have proof of a second dose within that timeframe, you must exclude them from the workplace until they can display proof of vaccination for their second dose.
6. Can Unvaccinated Workers Enter the Workplace for Any Reason?
Yes, workers may enter for a quick and limited purpose even if they have not shown the required proof of vaccination. Some examples of a quick and limited purpose include using the bathroom, making a delivery, or clocking in and receiving an assignment before leaving to begin a solitary assignment.
7. Are There Any Other Requirements?
The Department of Health and Mental Hygiene (DOHMH) has created a one-page attestation sign that you must fill out and post in a conspicuous location at your business by Dec. 27. The attestation sign affirms that you are complying with the order. You must post this official attestation sign even if you previously had your own signage about employee vaccination status. The attestation sign can be found at https://www1.nyc.gov/assets/doh/downloads/pdf/covid/covid-19-vaccination-workplace-requirement-affirmation.pdf.
8. What If My Businesses Is One of Multiple Locations, Like a Dealer Group?
Each individual dealership location is covered by the order and must post the official DOHMH attestation sign in a conspicuous location that affirms the business is in compliance with the order. A business with multiple locations may store employee vaccination records in one central location, as well as reasonable accommodation records, if any, instead of having such records available at each.
Each business location should have contact information available to offer to city inspectors to put them in touch with the business representative who is centrally storing such records for the business.
9. Do I Need to Verify Vaccination Proof for Workers Who Do Not Live in NYC?
Yes, the requirement is specific to New York City workplaces and where the worker
lives is not relevant to the order.
10. Are There Penalties for Business Noncompliance?
Those that fail to comply face fines of $1,000 per violation for the first infraction, and $2,000 for subsequent violations within 12 months, and $5,000 for any violation committed within twelve months of the second penalty.
Special GNYADA Dealer Webinar
On Wednesday, December 29th at 2:00 pm, GNYADA will be holding a special webinar with Nicholas Collins, Esq. of ArentFox to clarify what dealers must do to comply with these new strict New York City mandate requirements.
Click here to register:
If you have any additional questions about the NYC Vaccine Mandate, please contact GNYADA's Dealer Hotline at 718.746.5900.
December 27, 2021
