OLYMPIA — Since Gov. Jay Inslee announced earlier this month that Washington state was lifting its mask mandate for those who are fully vaccinated, confusion has persisted about exactly where and when masks no longer need to be worn.

On May 21, the state Department of Labor & Industries released new guidance for businesses detailing the changes, hopefully providing some clarity for all moving forward.

What’s new

Masks are no longer required for fully vaccinated workers — meaning they are at least two weeks removed from receiving their second Pfizer or Moderna shot, or from their single Johnson & Johnson shot — according to the new L&I guidance, unless the employer or local public health agency still requires it.

Pull Quote

‘Businesses are privately owned, and they’re allowed to have their own rules [about vaccines]. It’s the same way that there are a lot of public health rules, like you can’t go into a restaurant with your shirt off. And if you want to continue to not wear your shirt, then you can’t go into the restaurant. Your rights aren’t being violated, there are just certain rules that need to be followed.’

Katie Lindstrom

Pacific County health director

But before a worker can ditch their mask, employers must confirm that the worker is fully vaccinated. That is done by having the worker sign a document that attests to their status, or by the worker providing proof of vaccination. Acceptable vaccination proof includes a CDC vaccination card or a photo of the card, documentation from a healthcare provider, a signed attestation from the worker, or documentation from the state immunization information system.

Additionally, employers have to demonstrate that they have verified the vaccination status for workers who are not masked or socially distanced. Such methods can include: Creating a log of workers who’ve verified they’ve been vaccinated and the date of verification; Checking a worker’s vaccination status each day as they enter a jobsite; Marking a worker’s badge or credential to show that they are vaccinated.

And what’s not

Businesses, the new L&I guidance details, still retain the right to require employees and customers to wear a mask, even if an individual is vaccinated. Employers must also permit employees to wear a mask or other protective equipment if they choose to, regardless of an employee’s vaccination status.

If an employee isn’t fully vaccinated — or if they decline to disclose their vaccination status — employers must continue to require them to wear masks and practice social distancing. Employers cannot fire or discriminate against an employee who is at high risk of contracting covid-19 and is seeking accommodation that protects them from exposure.

Unvaccinated individuals are still required to wear masks in all public spaces. The guidance also doesn’t change mask requirements for the following: Health care locations such as hospitals, clinics and long-term care facilities; Correctional facilities and homeless shelters; And schools, child care facilities and day camps. The federal order requiring masks on public transportation also remains in place.

The HIPAA of it all

Since the mask mandate was lifted for the fully vaccinated, misinformation over whether a business may or may not ask about the vaccination status of their employees or customers has spread rampantly. The Health Insurance Portability and Accountability Act of 1996, or HIPAA, has played a starring role amidst the confusion.

HIPAA, county health director Katie Lindstrom said, contains language that protects an individual’s identifying health information from being shared without their knowledge or consent — but the law only applies to those in the healthcare industry, such as healthcare providers and insurance providers and businesses associated with them.

“A business asking someone if they’ve been vaccinated is not a violation of HIPAA, because No. 1, the business isn’t a healthcare provider that has your protected health information,” Lindstrom said. “Ultimately, you’re the holder of the information, so if you choose to disclose it or not, you can’t violate your own HIPAA rights. If you choose to tell somebody, you’re not violating your own HIPAA rights.

There is no language in HIPAA, she said, that prevents people from asking about a person’s health, such as vaccination status, as well as requiring proof that the information is true. Legally, under federal law, businesses, employers, schools and others face minimal restrictions to ask about a person’s vaccination status or proof of vaccination.

“They’re a private business, they’re allowed to ask that. And the person can refuse to answer. A business can’t make you answer, but they can say ‘We’re not going to let you in unless you answer.’ You still have the free will not to answer, but then there’s a consequence to that: You can’t enter the business.”

Individuals do not have to disclose their vaccination status, but businesses have the ability to deny entry to their premises if they don’t. Federal laws don’t forbid private businesses from requiring workers and customers to be vaccinated, unless the person has an eligible medical or religious exemption.

“Businesses are privately owned, and they’re allowed to have their own rules,” Lindstrom said. “It’s the same way that there are a lot of public health rules, like you can’t go into a restaurant with your shirt off. And if you want to continue to not wear your shirt, then you can’t go into the restaurant. Your rights aren’t being violated, there are just certain rules that need to be followed.”

However, a healthcare provider sharing your vaccination status without your consent would be a HIPAA violation. Lindstrom said several employers in Pacific County have called the health department to ask which of their employees have been vaccinated, to no avail.

“We’ve had employers ask if we could send them a list of which of their employees have been vaccinated, and we just tell them ‘Sorry, we can’t do that.’ I get where they’re coming from, they’re just trying to figure out what they can and can’t do [at work] and whatnot, but we can’t do that. We will not release that without somebody’s written consent,” Lindstrom said.

Cases still coming

New cases continue to roll in after Pacific County reported its 1,000th covid case earlier this month.

As of May 24, there have been 1,036 cases reported in the county, including 41 cases over the past 14 days. With 19 currently active cases, the case rate per 100,000 people over the past 14 days is 190, down from 231 a week ago. Of the 417 cases reported in 2021 in the county, 13 have come from people who are fully vaccinated, representing about 3% of the cases reported this year.

About 44.2% of the county’s total population has received at least one vaccine dose as of May 22, up from 43% a week ago. About 38.9% of all residents are fully vaccinated, up from 37.6% the previous week. As of last week, over 50% of those who are eligible in Pacific County have been vaccinated, the county health department announced.

The county also surpassed 20,000 doses of covid-19 administered last week, and now sits at 20,546 doses. Statewide, 6.75 million doses have been given, up from 6.34 million doses a week ago.

On May 27, Ocean Beach Hospital is hosting a first-dose Pfizer vaccine clinic at Ilwaco Timberland Library. Appointments were still available as of press time, and can be made at tinyurl.com/2xjxxdz4. For a list of all upcoming vaccine clinics in Pacific County, visit tinyurl.com/paccoclinics.