Effective 5/4/2022
34-56-201. Employee COVID-19 vaccination, recordkeeping, and testing provisions.
34-56-201. Employee COVID-19 vaccination, recordkeeping, and testing provisions.
- (1)
- (a) 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:
- (i) a statement that receiving a COVID-19 vaccine would:
- (A) be injurious to the health and well-being of the employee or prospective employee;
- (B) conflict with a sincerely held religious belief, practice, or observance of the employee or prospective employee; or
- (C) conflict with a sincerely held personal belief of the employee or prospective employee; or
- (ii) a letter from the employee or prospective employee’s primary care provider stating that the employee or prospective employee was previously infected by COVID-19.
- (i) a statement that receiving a COVID-19 vaccine would:
- (b) 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:
- (i)
- (A) the employer establishes a nexus between the requirement and the employee’s assigned duties and responsibilities; or
- (B) the employer identifies an external requirement for vaccination that is not imposed by the employer and is related to the employee’s duties and responsibilities; and
- (ii) reassignment of the employee is not practical.
- (i)
- (c)
- (i) An employer may not keep or maintain a record or copy of an employee’s proof of vaccination, unless:
- (A) otherwise required by law; or
- (B) an established business practice or industry standard requires otherwise.
- (ii) Subsection (1)(c)(i) does not prohibit an employer from verbally asking an employee to voluntarily disclose whether the employee is vaccinated.
- (i) An employer may not keep or maintain a record or copy of an employee’s proof of vaccination, unless:
- (a) 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:
- (2)
- (a) 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.
- (b) 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