Employee COVID-19 vaccination and testing.

1. Law
2. Utah Code
3. Utah Health Code
4. Covid-19 Vaccine Restrictions Act
5. Employee COVID-19 vaccination and testing.

Affected by 63I-1-226 on 7/1/2024

Effective 11/16/2021
26-68-201. Employee COVID-19 vaccination and testing.

• (1) As used in this section:
  • (a)
    • (i) "Adverse action" means an action that results in:
      • (A) the refusal to hire a potential employee; or
      • (B) the termination of employment, demotion, or reduction of wages of an employee.
    • (ii) "Adverse action" does not include:
      • (A) an employer's reassignment of an employee; or
      • (B) the termination of an employee, if reassignment of the employee is not practical.
  • (b) "COVID-19 vaccine" means a substance that is:
    • (i)
      • (A) approved for use by the United States Food and Drug Administration; or
      • (B) authorized for use by the United States Food and Drug Administration under an emergency use authorization under 21 U.S.C. Sec. 360bbb-3;
    • (ii) injected into or otherwise administered to an individual; and
    • (iii) intended to immunize an individual against COVID-19 as defined in Section 78B-4-517.
  • (c) "Employee" means an individual suffered or permitted to work by an employer.
  • (d)
    • (i) Except as provided in Subsection (1)(d)(ii), "employer" means the same as that term is defined in Section 34A-6-103.
    • (ii) "Employer" does not include:
      • (A) a person that is subject to a regulation by the Centers for Medicare and Medicaid Services regarding a COVID-19 vaccine, unless the person is the state or a political subdivision of the state that is not an academic medical center; or
      • (B) a federal contractor.
  • (e) "Workplace" means the same as that term is defined in Section 34A-6-103.

• (2) Except as provided in Subsection (6), 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 relieve the employee or prospective employee of the requirement if the employee or prospective employee submits to the employer 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.

• (3) Except as provided in Subsection (6), 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.

• (4) Except as provided in Subsection (6), an employer may not take an adverse action against an employee because of an act the employee makes in accordance with this section.

• (5)
  • (a) An employer may not keep or maintain a record or copy of an employee's proof of vaccination, unless:
    • (i) otherwise required by law;
    • (ii) an established business practice or industry standard requires otherwise; or
    • (iii) the provisions of this section do not apply as described in Subsection (6)(a).
  • (b) Subsection (5)(a) does not prohibit an employer from recording whether an employee is vaccinated.

• (6)
  • (a) The provisions of this section do not apply to a contract for goods or services entered into before November 5, 2021, unless the contract is between an employer and the employer's employee.
  • (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 the relief described in Subsection (2), if the employer:
    • (i) employs fewer than 15 employees; and
    • (ii) establishes a nexus between the requirement and the employee's assigned duties and responsibilities.

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