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OSHA-Compliant Employee Vaccination or Testing Requirement Protocol

Purpose

Vaccination is a vital tool to reduce the presence and severity of COVID-19 cases in the workplace, in communities, and in the nation as a whole. University of Dayton has adopted this requirement on mandatory vaccination to safeguard the health of our employees from the hazard of COVID-19. This policy complies with OSHA’s Emergency Temporary Standard on Vaccination and Testing (29 CFR 1910.501).

Scope

This Mandatory COVID-19 Vaccination or Testing Requirement applies to all employees of the University, except for employees who do not report to a workplace where other individuals (such as coworkers or customers) are present; employees working 100% from home; and employees who work exclusively outdoors.  

All employees covered by this document are required to be fully vaccinated as a term and condition of employment at University of Dayton. For purposes of this document, employees are considered fully vaccinated two weeks after completing primary vaccination with a COVID-19 vaccine, with, if applicable, at least the minimum recommended interval between doses. For example, this includes two weeks after a second dose in a two-dose series, such as the Pfizer or Moderna vaccines, two weeks after a single-dose vaccine, such as the Johnson & Johnson vaccine, or two weeks after the second dose of any combination of two doses of different COVID-19 vaccines as part of one primary vaccination series. All employees are required to report their vaccination status and to provide proof of vaccination. Employees must provide truthful and accurate information about their COVID-19 vaccination status, and, if applicable, their testing results. 

Employees may request an exemption from this mandatory vaccination policy if the vaccine is medically contraindicated for them or medical necessity requires a delay in vaccination. Employees also may be legally entitled to a reasonable accommodation if they cannot be vaccinated and/or wear a face covering (as otherwise required by this document) because of a disability, or if the provisions in this policy for vaccination, and/or testing for COVID-19, and/or wearing a face covering conflict with a sincerely held religious belief, religious practice, or religious observance. Requests for exemptions and reasonable accommodations must be initiated by completing the form available here. All such requests will be handled in accordance with applicable laws and regulations and University policies and procedures. 

Employees not in compliance with the requirements of this document (to be fully vaccinated or exempted, and for those who are unvaccinated to undergo weekly testing) will be subject to discipline.

Procedures

Overview and General Information

All University of Dayton employees must have at least one dose of a vaccination or be exempted from the vaccination requirement no later than February 9, 2022.  Any employee not exempted must be fully vaccinated no later than March 9, 2022.  

Employees will be considered fully vaccinated two weeks after receiving the requisite number of doses of a COVID-19 vaccine. An employee will be considered partially vaccinated if they have received only one dose of a two dose vaccine.  

Vaccination Status and Acceptable Forms of Proof of Vaccination

All vaccinated employees are required to provide proof of COVID-19 vaccination, regardless of where they received vaccination. Proof of vaccination status can be submitted at the COVID Health Reporting link here.

Acceptable proof of vaccination status is:   

  1. The record of immunization from a healthcare provider or pharmacy; 
  2. A copy of the COVID-19 Vaccination Record Card; 
  3. A copy of medical records documenting the vaccination;
  4. A copy of immunization records from a public health, state, or tribal immunization information system; or 
  5. A copy of any other official documentation that contains the type of vaccine administered, date(s) of administration, and the name of the healthcare professional(s) or clinic site(s) administering the vaccine(s). 

Proof of vaccination generally should include the employee’s name, the type of vaccine administered, the date(s) of administration, and the name of the healthcare professional(s) or clinic site(s) that administered the vaccine. In some cases, state immunization records may not include one or more of these data fields, such as clinic site; in those circumstances the University will still accept the state immunization record as acceptable proof of vaccination.

All employees must inform the University of their vaccination status. 

Supporting COVID-19 Vaccination

Employees should use sick time to get the vaccine, as well as for time taken because of an adverse reaction to the vaccine. Similar to reporting for a COVID-19 illness, employees should report sick time as they normally would and then contact Beth Schwartz, director of UD's benefits and wellness program, to replenish their charged sick time.

Employee Notification of COVID-19 or Exposure and Return to the Workplace After Isolation/Quarantine

Notification to the University:

The University requires employees to promptly notify the University by completing the form here if they have tested positive for COVID-19 or have been diagnosed with COVID-19 by a licensed healthcare provider, or if they are notified by public health officials that they are a close contact of someone with COVID-19. Anyone who tests positive for COVID-19 will be required to stay away from the workplace based on current CDC isolation guidance. Anyone identified as a close contact of someone with confirmed COVID-19 should quarantine consistent with applicable CDC guidance (which may vary depending on vaccination status).

Employees should not come to work if they are experiencing COVID-19 symptoms. Employees should contact their primary care physician for evaluation and possible testing. Any employee in quarantine or isolation must coordinate with their supervisor regarding time away from work.  

Return to Work Criteria:

The University’s current criteria for returning to the workplace are set forth in its Isolation/Quarantine protocols available at this link. These criteria are subject to change based on currently-effective CDC guidance.  

If an employee has severe COVID-19 or an immune disease, the University will follow the guidance of a licensed healthcare provider regarding return to work.

COVID-19 Testing

If an employee covered by this policy is not fully vaccinated (because they are granted a medical or religious exemption), the employee will be required to comply with the testing requirement set forth in this protocol.

Employees who report to the workplace at least once every seven days: 

(A) must be tested for COVID-19 by way of a proctored test* at least once every seven days; and

(B) must provide documentation of the most recent COVID-19 test result to their supervisor (or the supervisor’s designee) no later than the seventh day following the date on which the employee last provided a test result.

Any employee who does not report to the workplace during a period of seven or more days (e.g., if they were teleworking for two weeks prior to reporting to the workplace): 

(A) must be tested for COVID-19 by way of a proctored test* within seven days prior to returning to the workplace; and

(B) must provide documentation of that test result to their supervisor (or the supervisor’s designee) upon return to the workplace.

If an employee does not provide documentation of a COVID-19 test result as required by this document, they will not be permitted in the workplace until they provide a test result.    

Employees who have received a positive COVID-19 test and have disclosed this through UD’s COVID Health Reporting, or have been diagnosed with COVID-19 by a licensed healthcare provider, are not required to undergo COVID-19 testing for 90 days following the date of their positive test or diagnosis.

Employees are responsible for securing their own proctored tests, which may be available from local drugstores, libraries, or government resources, depending on availability. 

* By “proctored,” the test result must be read and confirmed by an authorized proctor (which may be a telehealth proctor for self-administered tests in accordance with test instructions, a licensed medical professional if a non-self-administered test, etc.). 

Face Coverings

The University requires face coverings in accordance with its “Use of Face Coverings to Help Slow the Spread of COVID-19 and COVID-19 Variants” guidance, available here.

New Hires

All new employees are required to comply with the vaccination requirements outlined in this policy as soon as practicable (typically within four weeks of their start date) and as a condition of employment. Potential candidates for employment will be notified of the requirements of this policy prior to the start of employment. 

Confidentiality and Privacy

All medical information collected from individuals, including vaccination information, test results, and any other information obtained as a result of testing, will be treated in accordance with applicable laws and policies on confidentiality and privacy.

OSHA Protections:

OSHA rules prohibit employers from discriminating or retaliating against employees for (a) exercising rights under, or as a result of, actions that are required by OSHA’s Emergency Temporary Standard on Vaccination and Testing (29 CFR 1910.501); and (b) filing occupational safety or health complaints, reporting work-related injuries or illness, or otherwise exercising any rights afforded by the the Occupational Safety and Health Act.

Questions

Please direct any questions regarding this policy to auditriskcompliance@udayton.edu.

CONTACT

Human Resources

St. Mary's Hall
300 College Park
Dayton, Ohio 45469 - 1649
937-229-2541
Email
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