ADP® is constantly monitoring regulatory and legislative changes to ensure you have the most accurate information, as quickly as possible.
Recently, Utah Governor Cox signed Utah S.B. 2004 which is effective immediately. This law prohibits:
- Private-sector employers from requiring COVID-19 vaccinations unless a range of individual exemptions are granted when requested by employees.
- Employers from retaining a record or copy of an employee’s vaccination proof documents unless the employer can show it must retain such records pursuant to law, or there is an “established business practice or industry standard” of maintaining vaccination records.
More details on the new law:
(1) Requires any employer vaccination mandate to include exemptions for health reasons, sincerely held religious beliefs and “sincerely held personal beliefs.”
(2) Prohibits employers from taking any adverse action against an employee or potential employee who is not vaccinated or asks for an exemption. This includes refusal to hire a potential employee or the termination, demotion or reduction of hours for an employee. However, employers may reassign the employee or terminate the employee if reassignment is not practical.
(3) Requires employers to pay for any COVID-19 testing requirements.
(4) Prohibits employers from retaining a copy of any vaccination documents but allows employers to keep a record of whether an employee is vaccinated. This does not apply where an employer can demonstrate that retaining vaccination records is required by law or there is an established business practice or industry standard that requires otherwise.
What the law does not do:
The law does not apply to employers regulated by the Centers for Medicare or Medicaid Services related to COVID-19 (unless the employer is a state entity) or employers that are federal contractors.
The law also does not apply to employers with fewer than 15 employees who can show a nexus between the vaccine requirement and the employee’s job duties.
What you should do:
If you have employees working in Utah, it’s important to take action and be compliant with the requirements of S.B. 2004 (unless otherwise exempted for the reasons discussed above).
If you are a private employer with a 100 or more employees who would otherwise be covered by the ETS issued by the Occupational Health and Safety Administration, it’s important to note that the ETS has currently been stayed by the federal courts. Therefore, if and when the ETS stay is lifted and requirements come into effect, employers who are covered by S.B. 400 should ensure that they are in compliance with ETS.
Questions?
If you have any questions, please reach out to ADP.