On August 12, 2021, the San Francisco Department of Public Health published an order requiring new vaccine mandates for businesses and events in the City and County of San Francisco.

1. Vaccination Requirements For Gyms/Fitness Facilities And Establishments That Serve Food/Drink

Effective August 20, 2021, individuals 12 and over must show proof of “full vaccination” to enter establishments that serve food or drink like bars, restaurants, clubs, theaters and entertainment venues, and indoor gyms, recreation facilities, and other fitness establishments. For purposes of the order and requirements herein, “full vaccination” means that the individual received their second dose of the vaccine at least 2 weeks before. Personal attestation of vaccination status alone is insufficient. Instead, individuals must provide documentation of vaccination status, such as a CDC vaccination card or foreign equivalent, a physical or electronic photo or copy of a vaccination card, documentation of vaccination from a healthcare provider, or a digital vaccination record issued by the State of California, or similar documentation issued by another local or foreign government, or an approved private company.

Individuals who are unable to provide proof of full vaccination may use outdoor portions of covered establishments and may come indoors to use the restroom, provided they are wearing a “well-fitted mask.”

As of October 13, 2021, these establishment must require all staff who routinely work onsite to provide proof of full vaccination before entering an indoor portion of the business. Until that rule goes into effect, businesses are to use their “best efforts” to ensure their staff is vaccinated.

The new vaccination mandates do not apply to establishments that only provide takeout or delivery options.

2. Vaccination Requirements For Indoor Events

The order also requires that as of August 20, 2021, all people over 12 years of age attending indoor mega-events (events with over 5,000 people in attendance) and large indoor events (events with between 1,000 and 4,999 people in attendance) provide proof of vaccination. Further, as of October 13, 2021, these events must also require proof that their staff is vaccinated. The order notes that “staff” does not include performers, players, or other visiting individuals who are not employed by the operator of the event, and describes other COVID-19 precautions these individuals must take. There are currently no vaccination requirements for outdoor events.

3. Vaccination Requirements For Personnel In High-Risk Settings And Other Healthcare Settings

The order describes vaccination requirements for personnel in “high risk” settings (e.g., acute care hospitals, skilled nursing facilities, intermediate care facilities, residential care facilities for the elderly, homeless shelters, and jails) and other health care settings (e.g., adult care facilities, adult day programs, dental offices, and those who are home health care workers and pharmacists). “Personnel” is not limited to employees, and includes contractors, subcontractors, independent contractors, vendors, volunteers, individuals who regularly provide services onsite, and “gig workers.”

Specifically, business and entities with personnel in high risk settings and other health care settings must (1) by September 30, 2021, ascertain the vaccination status of all personnel in high risk settings and ensure that all personnel who routinely work onsite and are not subject to any exemptions are fully vaccinated before such personnel enter the high risk setting; (2) by October 13, 2021, ensure that all employees who work in high risk settings are fully vaccinated, unless otherwise subject to an exception; and (3) by October 13, 2021, ensure that all personnel who work in other health care settings are fully vaccinated, unless otherwise subject to an exception.

Each of the abovementioned vaccine mandates are subject to accommodation requirements and continuing obligations under federal, state, and local law.

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