Unvaccinated California state workers to take COVID tests under eye of their managers
California state managers will have to handle employees’ mucus samples under draft COVID-19 testing guidelines developed by the state Department of Public Health.
After months of full-time telework, state employees in some departments are beginning to return to offices under orders to show up in-person at least once or twice a week.
Gov. Gavin Newsom has ordered all state employees to prove they’re vaccinated or to submit to regular tests as an alternative.
Under California Public Health Department guidelines as applied to state employees, unvaccinated employees would take their own nasal swabs in the presence of a supervisor and then hand over the sample. The supervisor would roll the swab in reagent solution on a testing card, and wait about 15 minutes for a result.
The Health Department protocols may be used by any employers with employees who are subject to vaccination requirements — not just state workers. Outside state service, testing administrators need not be managers.
Guidelines posted on CalHR’s website specify administrators of the tests should be “at the supervisory level or above” and will need to have completed antigen testing training. Supervisors performing the tests should wear PPE whether or not they are vaccinated, according to the guidelines.
The Public Health Department did not immediately respond to questions regarding the testing protocols on Thursday.
Newsom’s vaccination order technically took effect Aug. 2, but departments have been developing testing protocols in a handful of departments before implementing the requirement to all 230,000 state employees.
Several state worker unions filed objections to the Newsom administration’s rapid application of the rule, saying the state should have given them 30 to 60 days’ notice to meet and confer.
Human Resources Department Director Eraina Ortega has said the state has the authority to change working conditions due to the emergency of the pandemic. Nonetheless, the department has been meeting and conferring with the unions over the proposed changes as they are rolled out across departments.
CalHR spokeswoman Camille Travis said Thursday that the testing protocols are being included in the meet-and-confer sessions.
The Association of California State Supervisors, which represents state supervisors and managers, did not immediately respond to a request for comment Thursday.
In addition to the testing protocols, the guidance document provides answers to a range of other common testing-related questions. A few are included below.
Q: Do employees who are not physically working on site (e.g., telework) have to provide vaccination status?
A: No. However, if an employee at any time physically works in the office or on site, the employee must either show fully vaccinated status or be subject to testing and observe other health and safety protocols, such as facial coverings.
Q: For employees who are unvaccinated, are they excused from having to work on site?
A: No. Unvaccinated employees who are required to work on site must be tested and observe all other health and safety protocols.
Q: If someone claims to have COVID-19 antibodies, can they show an antibody test instead of vaccination?
Q: Is asking for vaccination status a violation of health privacy rights (HIPAA)?
A: No. We are asking employees to share vaccination status; vaccination status is not a health condition. Similarly, requesting confirmation of vaccination is not a disability-related inquiry under the ADA, and the ADA’s rules about such inquires do not apply. However, documentation or other confirmation of vaccination provided by the employee to the employer is medical information about the employee and must be kept confidential.
A: No, the antibody test is not a replacement for being vaccinated. Similarly, an antibody test is different from a test to determine if someone has an active case of COVID-19 (i.e., a viral test)
Q: Can unvaccinated employees get vaccinated on state time?
A: Yes, since March 2021, employees may receive a reasonable amount of Administrative Time Off (ATO) to obtain the vaccination for themselves.
Q: Do employees pay for the test?
A: No. The state pays for testing.
Editor’s note: This story was updated Sept. 16 to clarify the applicability of the Department of Public Health’s guidelines to organizations outside state government.
This story was originally published September 10, 2021 at 1:04 PM with the headline "Unvaccinated California state workers to take COVID tests under eye of their managers."