34-56 - Workplace Covid-19 Provisions

Title 34 > 34-56

Sections (3)

General Provisions

34-56-101 - Definitions.

As used in this chapter:

(1) “Adverse action” means:an action that results in: the refusal to hire a potential employee; orthe termination of employment, demotion, or reduction of wages of an employee; ora governmental entity separating an employee from another employee solely because of the COVID-19 vaccination status of the employee.”Adverse action” does not include an employer’s reassignment of an employee, if the employee’s COVID-19 vaccination status is not the only reason for the reassignment.

(2) “COVID-19 vaccine” means a substance that is: approved for use by the United States Food and Drug Administration; orauthorized for use by the United States Food and Drug Administration under an emergency use authorization under 21 U.S.C. Sec. 360bbb-3;injected into or otherwise administered to an individual; andintended to immunize an individual against COVID-19 as defined in Section 78B-4-517.

(3) “COVID-19 vaccination status” means the state of whether an individual has received a COVID-19 vaccine.

(4) “Employee” means an individual suffered or permitted to work by an employer.

(5) Except as provided in Subsection (5)(c), “employer” means the same as that term is defined in Section 34A-6-103.Except as provided in Subsection (5)(c), “employer” includes a federal contractor.”Employer” does not include:a person that is subject to a regulation by the Centers for Medicare and Medicaid Services regarding a COVID-19 vaccine, during the period that the regulation is in effect; ora health care provider, as defined in Section 78B-3-403, that is a participating provider for the Centers for Medicare and Medicaid Services.

(6) “Governmental entity” means: an executive branch agency as defined in Section 63A-16-102;the legislative branch;the judicial branch;the State Board of Education;the Utah Board of Higher Education;an institution of higher education; anda political subdivision of the state:as defined in Section 17B-1-102; andincluding a school district.

(7) “Nurse practitioner” means an individual who is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act.

(8) “Physician” means an individual licensed to practice as a physician or osteopath under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.

(9) “Physician assistant” means an individual who is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.

(10) “Primary care provider” means a nurse practitioner, physician, or physician assistant.

(11) “Workplace” means the same as that term is defined in Section 34A-6-103.

Renumbered and Amended by Chapter 119, 2022 General Session

34-56-102 - Scope.

If a requirement imposed on an employer under this chapter substantially impairs the fulfillment of a contract entered into before May 4, 2022, to which the employer is a party, the requirement does not apply to the employer.

Enacted by Chapter 119, 2022 General Session

Vaccinations, Recordkeeping, and Testing

34-56-201 - Employee COVID-19 vaccination, recordkeeping, and testing provisions.

(1) Except as provided in Subsection (1)(b), an employer who requires an employee or prospective employee to receive or show proof that the employee or prospective employee has received a COVID-19 vaccine shall exempt the employee or prospective employee from the requirement if the employee or prospective employee submits to the employer:a statement that receiving a COVID-19 vaccine would: be injurious to the health and well-being of the employee or prospective employee;conflict with a sincerely held religious belief, practice, or observance of the employee or prospective employee; orconflict with a sincerely held personal belief of the employee or prospective employee; ora letter from the employee or prospective employee’s primary care provider stating that the employee or prospective employee was previously infected by COVID-19.An employer may require an employee or prospective employee to receive or show proof that the employee or prospective employee has received a COVID-19 vaccination without providing an exemption described in Subsection (1)(a), if:the employer establishes a nexus between the requirement and the employee’s assigned duties and responsibilities; orthe employer identifies an external requirement for vaccination that is not imposed by the employer and is related to the employee’s duties and responsibilities; andreassignment of the employee is not practical.An employer may not keep or maintain a record or copy of an employee’s proof of vaccination, unless: otherwise required by law; oran established business practice or industry standard requires otherwise.Subsection (1)(c)(i) does not prohibit an employer from verbally asking an employee to voluntarily disclose whether the employee is vaccinated.

(2) An employer shall pay for all COVID-19 testing an employee receives in relation to or as a condition of the employee’s presence at the workplace.An employer may not keep or maintain a record or copy of an employee’s COVID-19 test results, unless otherwise required by law.

(3) An employer may not take an adverse action against an employee because of an act the employee makes in accordance with this chapter.

Enacted by Chapter 119, 2022 General Session