How does Washington's new vaccine mandate work? Here's what we know

On Monday, Gov. Jay Inslee issued a mandate that makes vaccination against COVID-19 a condition of employment for hundreds of thousands of Washington state employees, contractors and health care workers.

Workers have until Oct. 18 to prove to their employer that they’re fully vaccinated against the virus. If they can’t, they could be fired.

Inslee said the order was issued in response to a surge in COVID cases throughout Washington, fueled by the emergence of the highly contagious Delta variant of the coronavirus, which is spreading rapidly in unvaccinated communities across the state. Data from the state Department of Health shows that the state is averaging more than 2,600 new cases a day and hospitalizations have increased by 70% over the last two weeks.

"We have what is essentially a new virus at our throats," he said at a news briefing announcing the mandate. "A new virus that is twice as transmissible, and is causing an explosion of this dreadful disease in the state of Washington." 

Here’s what we know so far about the state's new vaccine mandate.

Who does this affect?

Officials say the mandate could apply to 68,000 state employees and more than 400,000 health care workers in the private sector and in long-term care settings, including those in nursing homes, adult family homes, assisted living and residential-treatment facilities.

On the state employee side, the mandate only applies to those working in agencies under the governor’s purview. That includes employees in the Departments of Ecology, Agriculture, Commerce, Transportation, Corrections, Social and Health Services, and the Washington State Patrol.

In workplaces overseen by other statewide elected officials — such as the state’s K-12 schools or public universities, or the state Department of Natural Resources — employees are not subject to the mandate.

The order also applies to contractors who are doing business on state land. All affected workers are subject to the order regardless of whether they work in a remote or office setting.

Can I opt out?

Yes, exemptions are allowed for medical or religious reasons. However, Inslee said applications for an exemption will be rigorously vetted. Exemptions for personal or philosophical objections are not permitted. Employees who receive exemptions may be required to follow additional safety protocols while at work, such as social distancing and wearing a face covering.

What happens if I refuse to get vaccinated or refuse to show proof?

Unless you receive an exemption, Inslee's office said employees who refuse to become fully vaccinated or refuse to show proof could be subject to "non-disciplinary dismissal."

How does this affect local government workers?

The state mandate does not apply to county or city workers, locally elected officials or those serving on boards or commissions.

However, King County Executive Dow Constantine and Seattle Mayor Jenny Durkan said they would each be implementing similar mandates for those employed by King County and the City of Seattle. Officials estimate those mandates will affect roughly 26,500 workers.

Is this legal?

Washington’s governor has wide latitude to exercise special powers during a statewide emergency. Such an emergency was declared in response to COVID-19 in February of last year.

State law says the governor can “temporarily waive or suspend statutory obligations by prohibiting compliance with statutory provisions” during a state of emergency when “the governor reasonably believe(s) it would help preserve and maintain life, health, property, or the public peace.”

Several bills were introduced during this year’s legislative session to limit the governor’s emergency powers. None succeeded.

How do I prove my vaccination status?

The governor’s office has largely left it up to individual employers to decide how to verify an employee’s vaccination status.

However, the state Department of Labor and Industries and the Department of Health have published requirements and guidance for employers related to vaccination verification. Acceptable types of verification include:

• Your vaccine card or a photo of your vaccine card.
• Documentation from a health care provider.
• Records from the state’s immunization information system.
• A hard copy or electronically signed self-attestation from the employee.

For state employees, proof of vaccination is required and self-attestation is not allowed under the mandate.

When should I start the vaccination process?

You have a tight window. The Pfizer and Moderna vaccines require two doses, and you could have to wait up to four weeks between shots. You're considered fully vaccinated two weeks after receiving your second dose, which means you need to get the second shot by Oct. 4 to meet the state’s Oct. 18 deadline.

The Johnson & Johnson vaccine only requires one dose, and you're considered fully vaccinated after two weeks.