On August 11, 2021, the California Department of Public Health (CDPH) issued a State Public Health Officer Order (Order) requiring K-12 school districts to verify the vaccination status of all K-12 school workers and conduct weekly COVID-19 testing of “workers” who are not fully vaccinated.  The Order requires districts to comply with its terms by October 15, 2021.  Does the order apply to contractors and vendors performing work on district property?

By its terms, the Order applies to “workers,” which we believe includes contractors and vendors who are not employed by the district but nevertheless work or perform services on district property.  The definition of “workers” under the Order expressly extends to other non-employees, such as unpaid volunteers.  Thus, districts should require contractors and vendors coming onto district property to comply with the Order by verifying their workers’ vaccination status and conducting weekly testing of unvaccinated workers.

A copy of the Order is available here.

While the Order does not apply to community college districts, the California Community Colleges Chancellor’s Office (Chancellor) advised community college districts of their authority to enact vaccination mandates for workers on their campuses and urged them to enact such mandates on July 27, 2021.

If your K-12 school district needs assistance enforcing these requirements, amending existing contracts or entering into new contracts in compliance with the Order by October 15, please contact a DWK attorney in the Business, Property and Construction Practice Group.