HomeMy WebLinkAbout12.a. Report out on Board action from recent Closed Session Page 1 of 6
Item 12.a.
CENTRALSAN
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CENTRAL CONTRA COSTA SANITARY DISTRICT
November 4, 2021
TO: HONORABLE BOARD OF DIRECTORS
FROM: KENTON L. ALM, DISTRICT COUNSEL
REVIEWED BY: ROGER S. BAILEY, GENERAL MANAGER
SUBJECT: REPORT OUT ON BOARD ACTION TAKEN DURING CLOSED SESSION AT
THE OCTOBER 21, 2021 REGULAR BOARD MEETING REGARDING
CONFERENCE WITH LABOR NEGOTIATORS
Refer to the attached Mandatory COVID-19 Vaccination Policy that the Human Resources Division
distributed to District staff on October 28, 2021, which included substantive provisions as agreed upon.
ATTACHMENTS:
1. Mandatory COVI D-19 Vaccination Policy
November 4, 2021 Regular Board Meeting Agenda Packet- Page 293 of 324
Page 2 of 6
CENTRAL SAN
CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ, CA 9A553-4392
MANDATORY COVID-19 VACCINATION POLICY
PURPOSE
In order to provide and maintain a workplace that is free of known hazards, the District is
adopting a mandatory coronavirus (COVID-19) vaccination policy. This policy is intended to
safeguard the health of our employees and their families; our vendors and visitors; and the
community at large from COVID-19. This policy will comply with all applicable laws and is based
on guidance from the Centers for Disease Control and Prevention and local health authorities.
SCOPE
All employees are required to receive a COVID-19 vaccination unless a reasonable
accommodation is approved.
PROCEDURES
Testing
Employees who currently are not fully vaccinated must submit to twice-weekly COVID-19 testing
beginning on November 2, 2021. The cost of the testing will be borne by the District and either
will be conducted onsite or employees will be granted release time if onsite testing is not
feasible. Details on testing will be provided directly to all unvaccinated employees.
Vaccination Deadline
All employees must be fully vaccinated by December 31, 2021. For purposes of this policy,
an employee is considered "fully vaccinated" if it has been at least 14 days since the employee
received the last dose, as recommended by the manufacturer, of a vaccine that has been
authorized by the Food and Drug Administration for use in the United States, including
vaccinations that have been approved pursuant to an Emergency Use Authorization.
Two-dose vaccines include: Pfizer-BioNTech or Moderna vaccines. The one-dose vaccine is:
Johnson and Johnson [J&J]/Janssen.
Grace period
Effective January 1, 2022 through February 28, 2022, unvaccinated employees will be put on
leave and will be excluded from all District work and premises. Employees may use any
accruals available to them through the end of the grace period. The District will continue to pay
for any employer-paid benefits during the grace period.
Unpaid Leave of Absence
Effective March 1, 2022, unvaccinated employees will be placed on an unpaid leave of absence.
The District will not pay for any employer paid benefits during this unpaid leave of absence;
however, employees can continue their health insurance benefits on a self-pay basis. The
unpaid leave of absence is not job-protected. The District reserves the right to backfill positions
November 4, 2021 Regular Board Meeting Agenda Packet- Page 294 of 324
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or otherwise terminate employees on unpaid leave at its discretion. However, should the District
proceed with backfilling a vacant position on a permanent basis in a classification from which an
employee is on the unpaid leave of absence, the employee will be notified with the District's
intent to fill three weeks prior to the beginning of the recruitment. During the three-week notice
period and after responding to such notice, the employee must, at minimum, be partially
vaccinated and once they are fully vaccinated, and still meet the minimum qualifications of the
job classification, they will be reinstated. If there is more than one employee on an unpaid leave
of absence, the appointment will be granted to the employee with the most District seniority
based on continuous service.
Access to vaccines
The District will provide either onsite access to the vaccines or a list of locations to assist
employees in receiving the vaccine on their own. COVID-19 vaccinations are free, whether you
have health insurance or not.
Any unused COVID-19 Emergency Paid Sick Leave (EPSL)will be extended through February
28, 2022 for employees needing time off due to vaccine appointments and vaccination side
effects. If employee has exhausted all of their EPSL, they will only be granted release time for
the vaccine appointment if it coincides with their regular work schedule.
Before the stated deadlines to be vaccinated have expired, employees will be required to
provide either proof of vaccination or obtain an approved reasonable accommodation of the
vaccine mandate.
REASONABLE ACCOMMODATION
Employees in need of a modification to this policy due to a medical reason or because of a
sincerely held religious belief may be excused from the vaccination requirement only upon
providing the District with a declination form, signed by the employee, stating either of the
following: (1) the worker is declining vaccination based on Religious Beliefs, or (2) the worker is
excused from receiving any COVID-19 vaccine due to Qualified Medical Reasons.
To be eligible for a Religious Beliefs accommodation, the employee must submit a Religious
Accommodation Request Form (Attachment 1), signed by the employee, describing the basis
for their religious belief. Additional documentation or evidence may be required.
To be eligible for a Qualified Medical Reasons accommodation, the employee must submit a
Request for Reasonable Accommodation: Medical Exemption Form (Attachment 2), which
includes a medical certification. This form must be signed by a physician, nurse practitioner, or
other licensed medical professional practicing under the license of a physician stating that the
individual qualifies for the accommodation (but the statement should not describe the underlying
medical condition or disability) and indicating the probable duration of the worker's inability to
receive the vaccine (or if the duration is unknown or permanent, so indicate).
Employees should submit their accommodation requests forms by December 1, 2021, in
order to allow the District time to evaluate the request before the December 31, 2021
vaccination deadline.
Mandatory COVID-19 Vaccination Form
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November 4, 2021 Regular Board Meeting Agenda Packet- Page 295 of 324
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If the District determines an employee to have met the requirements of an accommodation, the
unvaccinated worker must meet the following requirements when entering or working in such
facility:
a. Test for COVID-19 twice a week. The cost of the testing will be borne by the District and
either will be conducted onsite or employees will be granted release time if onsite testing
is not feasible.
b. Wear a surgical mask or higher-level respirator approved by the National Institute of
Occupational Safety and Health (NIOSH), such as an N95 filtering facepiece respirator,
at all times while in the facility.
The District prohibits retaliation against anyone requesting or receiving an accommodation to
this policy based on medical reasons or religious beliefs.
Employees who qualify for an accommodation but who refuse to submit to twice weekly COVID-
19 testing and/or refuse to wear a mask will also be placed on an unpaid leave of absence.
VACCINATION RECORD KEEPING
The District will maintain records of workers' vaccination status, including (1) name; (2) vaccine
manufacturer; and (3) date of vaccine administration. If the worker has an approved
accommodation, the District will maintain all exemption forms, including medical certification
forms, and all testing records and results. This information will be kept as confidential as
possible.
Please direct any questions regarding this policy to Human Resources.
ATTACHMENTS:
1. Religious Accommodation Request Form
2. Request for Reasonable Accommodation: Medical Exemption Form
Mandatory COVID-19 Vaccination Form
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November 4, 2021 Regular Board Meeting Agenda Packet- Page 296 of 324
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ddlACENTRAL SAN
CENTRAL CONTRASANITARY
ATTACHMENT 1
RELIGIOUS ACCOMMODATION REQUEST FORM
NAME:
JOB CLASSIFICATION:
REASON FOR RELIGIOUS ACCOMMODATION:
EMPLOYEE SIGNATURE AND DATE:
Signature Date
November 4, 2021 Regular Board Meeting Agenda Packet- Page 297 of 324
Page 6 of 6
ddlACENTRAL SAN
CENTRAL CONTRASANITARY
ATTACHMENT 2
REQUEST FOR REASONABLE ACCOMMODATION:
MEDICAL EXEMPTION FORM
NAME:
JOB CLASSIFICATION:
REASON FOR MEDICAL ACCOMMODATION:
EMPLOYEE SIGNATURE AND DATE:
Signature Date
PHYSICIAN/ NURSE PRACTITIONER/ LICENSED MEDICAL PROFESSIONAL SIGNATURE AND DATE:
Printed Name
Title
Signature Date
Attach medical certification.
November 4, 2021 Regular Board Meeting Agenda Packet- Page 298 of 324