Businesses in Santa Clara County, California are required to submit vaccination status of all employees.
According to the county’s public health order, “All businesses and government entities must ascertain the vaccination status of personnel and must comply with the rules for personnel who are not fully vaccinated, as required under section 9(c) and 9(d) of the County Health Officer’s May 18, 2021 Order.”
Under the health order, the employee can decline to provide their vaccination status to their employer.
If the employee declines to offer the information, the employer “should assume the employee may be unvaccinated and follow State and local requirements for unvaccinated employees.”
Order of the Health Officer of the County of Santa Clara – May 18, 2021
Ascertainment of Vaccination Status. Businesses and governmental entities must ascertain the vaccination status of all personnel. Until a person’s vaccination status is ascertained, they must be treated as not fully vaccinated. Personnel who decline to provide vaccination status must also be treated as unvaccinated. Businesses and governmental entities must complete their initial ascertainment of vaccination status for all personnel within 14 days of the effective date of this Order. Thereafter, they must obtain updated vaccination status for all personnel who were not fully vaccinated every 14 days. Business and governmental entities must maintain appropriate records to demonstrate compliance with this provision.
Mandatory Rules for Personnel not Fully Vaccinated. Businesses and governmental entities must require all personnel who are not fully vaccinated to (1) comply with all applicable provisions of the Mandatory Directive on Use of Face Coverings, and (2) comply with all applicable provisions of the Health Officer’s Mandatory Directive on Unvaccinated Personnel.
Enforcement. Pursuant to Government Code sections 26602 and 41601, Health and Safety Code section 101029, and Santa Clara County Ordinance Code section A1-34 et seq., the Health Officer requests that the Sheriff, all chiefs of police in the County, and all enforcement officers ensure compliance with and enforce this Order. The violation of any provision of this Order constitutes an imminent threat and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment, or both. This Order is also subject to the civil enforcement authority established by Urgency Ordinance No. NS-9.291.
In other words, if an employee refuses to get the vaccine or declines to disclose this private information to their employer, they will be treated like a second class citizen and will be forced to wear a face mask.
The employers are not required to provide the vaccine information to the County, but they are required to collect it and “have it available to demonstrate their compliance with this requirement” (struggle session).
The health order argues that HIPPA does not apply when an employer asks an employee for their vaccination status.
“No. HIPAA applies to certain entities, such as healthcare providers and health plans, and what protected health information they can share about their patients or members under what circumstances. HIPAA does not govern what information employers may request from their employees.” – the health order read.
Employees are told to document and snitch on fellow co-workers if they won’t tell fellow colleagues whether they are vaccinated – then treat them like dirty virus bags and stay away from them.
“You must document that the worker declined to disclose his or her vaccination status, assume that they are not fully vaccinated, and follow all the rules that apply to workers who are not fully vaccinated.” the order said.