HomeMy WebLinkAboutRESOLUTION RE 12th Temp COVID 19 HR Polies for Health and Safety JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
REGULAR AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: August 22, 2022
SUBJECT: Proposed 12th Temporary COVID-19 Policy
STATEMENT OF ISSUE: The efforts to address COVID-19 have continued to evolve since the
pandemic began. The County has adopted eleven resolutions which included temporary HR policies for
the COVID-19 emergency declared by the Board of County Commissioners. New CDC guidance has
been issued that may require a change in the current resolution. At the request of the Board of County
Commissioners prepared a proposed resolution adopting a 12th Temporary COVID-19 Policy to address
these changed circumstanced. Staff's proposed changes were discussed at the County's COVID-19
Coordination Meeting on August 19, 2022. Additional changes were suggested at that meeting and are
presented in the attached proposed resolution.
ANALYSIS: The Board of County Commissioners should consider and should potentially take action on
the attached proposed resolution.
FISCAL IMPACT: The fiscal impact of this Agenda Request is unknown.
RECOMMENDATION: That the Board of County Commissioners consider and potentially take action
on the attached proposed resolution.
REVIEWED BY:
Approved Telephonically
Mark McCauley, County Administrator Date
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of Adopting an Eleventh Twelfth
RESOLUTION NO. _______
Temporary County Policy Based on Emergency
Response to the COVID-19 Pandemic
WHEREAS, on February 29, 2020, Governor Jay Inslee declared a State of
Emergency in all Counties in Washington State to due to the public health emergency caused by
the COVID-19 virus; and,
WHEREAS, on March 10, 2020, the Jefferson County Health Officer issued a Public
Health Order to control and prevent the spread of the COVID-19 virus; and,
WHEREAS, on March 11, 2020, the World Health Organization declared the
outbreak of COVID-19 to be a pandemic; and,
WHEREAS, on March 16, 2020, the Jefferson County Board of Commissioners
approved a Declaration of Emergency due to the COVID-19 Pandemic; and,
WHEREAS, on March 23, 2020, Governor Jay Inslee signed Proclamation 20-25
declaring that a State of Emergency continues to exist in all Counties in Washington State due to
COVID-19; and,
WHEREAS, on March 23, 2020, the Jefferson County Board of Commissioners
approved a Resolution Temporarily Limiting Access to County Buildings and Offices through
April 24, 2020, due to the COVID-19 Pandemic; and,
WHEREAS, on June 24, 2020, the Secretary of Health issued Order 20-03, effective
June 26, 2020, requiring all individuals in Washington State to wear a face covering that covers
their nose and mouth when in any indoor or outdoor public setting, except under certain
circumstances, which provides a minimum level of protection for Washingtonians when they are
not at work where the Department of Labor & Industries’ face covering requirements apply; and,
WHEREAS, on July 24, 2020, the Secretary of Health issued Order 20-03.1,
effective July 25, 2020, which expands the Secretary’s prior face covering mandate to require all
people in Washington State to wear a face covering when they are outside of their house, mobile
home, apartment, condominium, hotel or motel room, bedroom in a congregate living setting, or
other dwelling unit; and,
WHEREAS, as of March 1, 2021, COVID-19 vaccines became available for the
general public and employees according to each individual’s Washington State mandated priority
order and Jefferson County, in order to promote public health during this pandemic, deems it in its
interests to encourage employees to become fully vaccinated and boosted; and,
Page 1 of 4
WHEREAS, Proclamation 20-25 has been amended several times, with the most
recent amendment occurring on March 11, 2022 in Proclamation 20-25-19; and,
WHEREAS, rates of COVID-19 transmission and hospitalization have been on the
rise from the summer of 2021 through mid-January 2022 due to the highly contagious Delta variant
and Omicron variant, largely in the unvaccinated population; and,
WHEREAS, fully vaccinated persons obtain a high level of protection from the
vaccine for fully vaccinated persons from getting a severe version of the disease; and,
WHEREAS, as of December 20, 2021, the COVID-19 variant, Omicron, was
detected in the United States and is rapidly increasing the proportion of COVID-19 cases it is
causing; and,
WHEREAS, the Omicron variant and its subvariants have demonstrated an
increased ability to evade immunity achieved through vaccination and through prior infection,
when compared to prior variants. This has led to an increased rate of breakthrough infections in
our community; and,
WHEREAS, the Omicron variant and its subvariants are a highly contagious and
easily spread to others; and,
WHEREAS, while current vaccines are expected to protect against severe illness,
hospitalizations, and deaths due to infection, breakthrough infections in people who are fully
vaccinated have been occurring in significant numbers; and,
WHEREAS, due to the level of vaccination achieved in the population and the level
of infection of unvaccinated persons to COVID-19 as a result of the Omicron variant, the risk of
high levels of hospitalization for COVID-19 significantly diminished from prior variants; and,
WHEREAS, on February 28, 2022, Governor Inslee announced, in concert with the
Governors of Oregon and California, that Washington’s indoor mask mandate would lift for most
places on March 11, 2022 at 11:59 p.m.; and,
WHEREAS, the Health Officer for Jefferson County rescinded the public health
order requiring masks in indoor, public places on March 11, 2022 at 11:59 p.m. while continuing
to strongly recommend wearing masks in indoor settings until reaching a community transmission
threshold of less than 100 cases per 100,000 in a two-week period; and,
WHEREAS, vaccines remain the best public health measure to protect people from
severe illness and hospitalization from COVID-19; and,
WHEREAS, masking remains an important tool to protect people from spreading
COVID-19, especially when vaccination is less effective in preventing the spread of the Omicron
variant and its subvariants; and,
Page 2 of 4
WHEREAS, throughout the COVID-19 pandemic there have been waves of
increased risk of transmission, requiring the ability to implement stricter mitigations and safety
protocols as recommended by public health officials; and,
WHEREAS, RCW 38.52.070(2) vests emergency powers in the Board to take
extraordinary measures for the preservation of public health and to relieve loss, hardship, and
suffering; and,
WHEREAS, in recent weeks the level of COVID-19 infections have increased
significantly, as preventive measures have been relaxed, but subvariants of the Omicron variant
have spread; and,
WHEREAS, the Washington State Department of Labor & Industries (L&I)
Requirements and Guidelines for Preventing COVID-19 effective April 21, 2022 (L&I
Requirements) state: “Masks are no longer required for most workers, however, the COVID-19
pandemic remains a public health emergency and a recognized workplace hazard. Employers must
continue to ensure a safe workplace;” and,
WHEREAS, the L&I Requirements state that at a minimum, employers must: “Keep
workers known or suspected to have COVID-19 from working around others by following
appropriate isolation or quarantine guidance as outlined by the Washington State Department of
Health (DOH);” and,
WHEREAS, the L&I Requirements state: “Employers must continue to assess
COVID-19 hazards in their workplaces, because the level of hazards may change. This depends
on the amount of disease in the community, how close workers are to others, whether the worker
or others they interact with are vaccinated, and ventilation. When COVID-19 hazards change,
employers may need to adjust their prevention measures.;” and,
WHEREAS, the severity of the situation demands that the Board take measures to
protect the public and County employees from further transmission of COVID-19 in Jefferson
County; and,
WHEREAS, the Board of County Commissioners has determined that in-person
attendance at a hybrid open public meeting only can be held with reasonable safety, namely that
the COVID-19 risk is Very Low, Low or Moderate per the dashboard located at
https://www.co.jefferson.wa.us/1429/COVID-19 at the time the meeting agenda for the meeting is
advertised; and,
NOW, THEREFORE, BE IT RESOLVED, by the Board of Jefferson County
Commissioners that:
1. As long as there is a declared state of emergency, open public meetings will be: (a) held
in virtual formats only with the public having access via internet platforms (such as Zoom
or GoTo Meeting), via the telephone or streaming on the County’s website or (b) held in
Page 3 of 4
hybrid formats with in-person capacity limited to 50 percent of the venue’s capacity and at
the same time a virtual format with the public having access via internet platforms (such
as Zoom or GoTo Meeting), via the telephone or streaming on the County’s website,
provided the hybrid meeting can be held with reasonable safety, as determined by the Board
of County Commissioners in consultation with the Health Officer, namely that the COVID-
19 risk is Very Low, Low or Moderate per the dashboard located at
https://www.co.jefferson.wa.us/1429/COVID-19 at the time the meeting agenda for the
meeting is advertised; and
2. Persons visiting County facilities are recommended to wear a face covering for the duration
of the Emergency. Facilities shall post signs in each County facility that recommend
visitors wear a face covering; and
3. APPENDIX ‘I’ – Temporary Personnel Policies to Address the COVID-19 Pandemic as
amended (attached) is adopted as set forth below; and
4. Each policy in this resolution is adopted as a temporary measure to slow and help prevent
the spread of the COVID-19 virus, APPENDIX ‘I’ – Temporary Personnel Policies to
Address the COVID-19 Pandemic as amended (attached) continues to be added to the
Jefferson County Personnel Administration Manual and contains standards for public
service and accountability and is necessary to maintain the efficiency of governmental
operations. Employees who fail to follow the requirements of APPENDIX ‘I’ are subject
to disciplinary action and termination for just cause.
5. This Resolution shall repeal and replace Resolution 1224-22 of Jefferson County and shall
be effective at 12:01 am. on May 24September 23, 2022.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Page 4 of 4
APPROVED AND ADOPTED this ______ day of ____________, 2022.
SEAL: JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Heidi Eisenhour, Chair
ATTEST:
Greg Brotherton, Member
Kate Dean, Member
Carolyn Gallaway, CMC
Clerk of the Board
Page 5 of 4
APPENDIX ‘I’ – Temporary Personnel Policies
to Address the COVID-19 Pandemic
1. HEALTH AND SAFETY WORKPLACE REQUIREMENTS: To help prevent the
spread of COVID-19 employees must follow these workplace requirements:
A. Sick Employees Must Stay Home: Please help keep co-workers safe. This includes
temporary/seasonal employees.
1. If you are sick, please contact your supervisor immediately and stay at home.
2. Medical certification from your health care provider may be required.
3. If you need to stay home to care for a sick family member, please do so. During this
time, more workers may need to stay at home to care for sick children or other sick
family members than is normal.
4. Employees may use individual leave accruals per policy (e.g., sick leave, vacation,
floating holidays, and comp time) and may be eligible for WA State Paid Family &
Medical Leave.
B. COVID-19-Sick Employees or Family Members:
1. Employees who have been sick with or without COVID-19 may be required to provide
medical certification. Medical certification for FMLA requests will be required if the
FMLA is for a COVID-19-sick employee or family member.
2. If an employee is sick, with or without COVID-19, the employee must:
a. Notify their supervisor immediately. The supervisor and any other employee who
knows must keep the notification confidential, except as provided in Section 2.d.,
below. This is required by the Americans with Disabilities Act (ADA).
b. Employees who have Covid-19 must isolate for at least 5 full days and may return
to work as follows: On the next day after 5 full days of isolation, if the employee
tests negative on an antigen test, they may return to work, but must mask for 5 days
additional days if symptoms have reduced. Based on risks identified by Department
Heads, Departments may require a negative test on an antigen test or up to a 10-
day isolation period before returning to work. However, if an employee continues
to test positive, or refuses to test, they may return to work only after they have
completed a full 10 days of isolation. If employees return before day 10 of isolation,
they are required to mask.
c. Follow guidance from the Jefferson County Public Health Department regarding
symptoms and testing and what to do if they are sick:
https://www.co.jefferson.wa.us/DocumentCenter/View/12518/Testing-Flowchart
Page 1 of 6
d. Follow guidance from the CDC regarding symptoms and testing and what to do if
they are sick: https://www.cdc.gov/coronavirus/2019-nCoV/index.html.
e. Once informed, the supervisor and/or department director will immediately notify
the Human Resources Manager.
3. When a supervisor or department director is notified of an employee who is sick, they
must:
a. Send the person home if they are at work.
b. Follow guidance from the Jefferson County Public Health Department regarding
symptoms and testing here:
https://www.co.jefferson.wa.us/DocumentCenter/View/12518/Testing-Flowchart.
c. Notify the Human Resources Manager if an employee tests positive with COVID-
19.
d. Maintain confidentiality of an employee who is sick or exposed.
e. Provide written notice of potential COVID-19 exposure within one business day to
all workers, and the employers of subcontracted workers, who were at the same
work site as the person who tested positive, without identifying any employee who
may have been the source of the exposure.
f. Contact Facilities to sanitize the workplace, if it is a county building for which
Facilities is responsible.
g. Work with the Human Resources Manager to develop a plan for their department
to limit additional exposure to other employees and the public. The Human
Resources Manager will coordinate with the Department of Public Health before
finalizing a plan.
4. Department directors and elected officials (collectively department directors) shall
encourage employees that are close contacts of a person with COVID-19 to mask or
work from home if their job allows for five days after the close contact.
5. Employees who have a family member at home with COVID-19 must:
a. Notify their supervisor immediately.
b. Follow guidance from the Jefferson County Public Health Department regarding
symptoms and testing, located on the department’s web page at:
https://www.co.jefferson.wa.us/DocumentCenter/View/12518/Testing-Flowchart
c. Working remotely may be authorized if approved by the employee’s department
director.
C. Recommendation for All Employees to Get Fully Vaccinated and Boosted. The County
recommends that all employees get fully vaccinated and boosted against COVID-19.
D. Required Log of Fully Vaccinated Employees. For workplaces where vaccination is
required, the Human Resources Manager shall keep a log of all fully vaccinated employees.
The Human Resource Manager shall make the log available to the Washington Department
of Labor & Industries upon request.
Page 2 of 6
E. Required and Recommended Face Coverings:
1. Definitions.
a. “Face covering” means a mask made of at least two layers of cloth, a surgical mask,
a KF94 mask, a KN95 mask, or an N95 mask. “Face covering” does not include
bandanas, face shields, gaiters with less than two layers of cloth, scarfs, or sweaters.
b. “Highly Protective Face Covering” means a KF94 mask, a KN95 mask, or an N95
mask.
2. When Face Coverings Are Required. To help prevent the spread of COVID-19,
employees must wear face coverings (as defined below):
a. When required by applicable federal, state, or local health officer requirements, for
particular workplace settings (e.g., health care providers, correctional facilities);
b. When required by a workplace-specific written COVID-19 Prevention Program for
a department adopted under Section 1.E.(4).
c. When wearing a face covering is required:
i. Employees shall wear the face covering over the nose and mouth at all times to
prevent transmitting droplets while working or present indoors;
ii. Employees may wear County-provided face coverings or face coverings made
or purchased by the employee;
iii. Employees should consider wearing a highly protective face covering; and,
iv. Employees shall keep cloth face coverings clean, consistent with washing
standards set by the CDC.
3. When Face Coverings Are Recommended While Working Indoors. To help prevent
the spread of COVID-19, employees should wear face coverings while indoors.
4. COVID-19 Prevention Program. Because risks vary from workplace to workplace,
each department director will develop and approve a workplace-specific written
COVID-19 Prevention Program that addresses COVID-19 notification, reporting and
prevention measures in that workplace to provide a safe and healthy workplace and to
reduce risk of transmission of COVID-19 to their workers. The COVID-19 Prevention
Program shall take into consideration relevant factors such as the size and ventilation
of space(s) in which employees operate, the number of employees that could be
assigned to work in each space and the known vaccination rate of employees. The
requirements of the COVID-19 Prevention Program for prevention measures shall not
be less stringent than the requirements of this policy nor less stringent than the
applicable federal, state or local health officer requirements, but may be more stringent
Page 3 of 6
and may include continued wearing of face coverings or respirators, physical
distancing, physical barriers, maximized fresh-air and air-filtration on building and
vehicle HVAC systems, improved filtration in areas with poor ventilation and other
worker protections. Each department director shall continue to assess COVID-19
hazards in their workplace(s) and modify the written Program as warranted by
operational needs, case rates, workplace infections or other considerations. Each
department director shall consult with other department directors in departments that
are co-located, to address concerns and risks in neighboring departments before
adopting a COVID-19 Prevention Program.
5. Compliance with Face Covering Requirements at Other Locations. All employees
operating in or on the property or retaining the onsite services of any person or business
or other entity that has imposed face covering requirements on or required proof of
vaccination from any worker, customer or other person must comply with the
requirements of that person or business or other entity while in or on that property or
while retaining the onsite services.
6. No Threats or Adverse Actions. Employees are prohibited from taking or threatening
to take any adverse action against any person or business or other entity or tenant for
imposing face covering requirements on or requiring proof of vaccination.
7. Face Covering Not Required for Employees While Working Outdoors, Unless required
by a COVID-19 Prevention Program. Employees working outdoors will not be
required to wear a face covering, unless required by a COVID-19 Prevention Program.
8. Avoid Touching Surfaces and Face While Using a Face Covering. Employees should
avoid touching mouth, nose, eyes or nearby surfaces when putting on, using, and
removing a face covering.
9. Exception for Courts. The judges of the District and Superior Courts have authority to
modify the requirements in this Section 1.E. as necessary to meet statutory or
constitutional requirements for their courtrooms.
10. Americans With Disabilities Act Compliance. Pursuant to the Americans With
Disabilities Act of 1990 (42 U.S.C. §§ 12101-12213) or the Washington State Law
Against Discrimination (ch. 49.60 RCW), an employee may request an accommodation
to the face covering requirements in this section.
F. Frequent and Adequate Hand Washing: To help prevent the spread of COVID-19
employees must follow these workplace requirements:
1. Wash hands frequently and regularly with soap and water for at least 20 seconds as
needed and including: when arriving at work, coming and going from different
worksites, taking breaks, using the restroom, before and after eating, drinking or using
tobacco products, after sneezing and/or coughing, and after touching surfaces or
handling objects touched by others or suspected of being contaminated.
Page 4 of 6
2. Use hand sanitizer (between handwashing) after touching surfaces or handling objects
touched by others or suspected of being contaminated.
3. Do not touch mouth, nose or eyes with unwashed hands.
G. Education: To help prevent the spread of COVID-19 employees are provided the
following information about these workplace requirements:
1. Education and information about COVID-19 is provided to employees through adopted
policies, established guidelines (including departmental COVID-19 Prevention
Program) and protocols, signs, posters, informational bulletins and meetings.
2. Resources for current information and additional guidance include:
a. Centers for Disease Control and Prevention (CDC): www.cdc.gov/coronavirus.
b. Washington State Department of Health: www.doh.wa.gov/coronavirus.
c. Washington State Department of Labor and Industries:
https://www.lni.wa.gov/agency/outreach/coronavirus/requirements-and-guidance-
for-preventing-covid-19.
d. Jefferson County Public Health: www.co.jefferson.wa.us/1429/COVID-19 or by
telephone at (360)385-9400.
2. DELEGATION OF AUTHORITY TO COUNTY ADMINISTRATOR TO ISSUE
INTERPRETATIONS AND MAKE ADJUSTMENTS TO HEALTH AND
WORKPLACE SAFETY REQUIREMENTS: During the temporary period of the public
health emergency, the County Administrator is hereby delegated authority to issue
interpretations as needed of how these Policies and the leave policies of the Jefferson County
Personnel Administration Manual shall be administered by the County, including department
directors , during the temporary period of the public health emergency to ensure efficient use
of resources and compliance with federal and state law. In addition, and as necessary, the
County Administrator may adjust in writing the Health and Workplace Safety Requirements
in Section 1 of this Policy to be consistent with federal or state law, and report those changes
to the Board of Commissioners.
3. TEMPORARY PAID ADMINISTRATIVE LEAVE ENHANCEMENT: As of March 1,
2021, COVID-19 vaccines became available for the general public and Jefferson County
employees according to each individual’s Washington State mandated priority order. As of
September 22, 2021, a single booster dose became available after completion of the primary
COVID-19 vaccine series and a second booster is now recommended for those who are
immunocompromised or over the age of 50. Jefferson County, in order to promote public
health during this pandemic, deems it in its interests to encourage employees to become fully
vaccinated and boosted. Effective January 1, 2022, using the form developed by the Human
Resources Manager and in order to prevent workplace transmission of COVID-19, department
directors and the Human Resources Manager may approve up to 40 hours of paid
administrative leave total per employment for employees who are sick or quarantining per
Jefferson County Department of Public Health directions, or if their child is sick or
Page 5 of 6
quarantining. For workers who cannot work remotely, up to an additional 40 hours temporary
paid leave may be approved by Department Heads. Paid administrative leave shall only be
used when remote work is not possible.- Paid Administrative Leave (pay code 223, reason
code COVAX) shall be used to track this paid administrative leave. Using the form developed
by the Human Resources Manager, department directors also may grant up to 8 hours total of
paid administrative leave for employees to receive a vaccination or booster dose, and to recover
from effects of the vaccine.
4. MORE STRINGENT FEDERAL, STATE OR LOCAL REQUIREMENTS APPLY. If
federal, state, or local health officer requirements are more stringent than the above policies,
the more stringent federal, state, or local health officer requirements shall apply. Applicable
federal, state, or local health officer requirements may require face coverings in health care
settings, locations required by federal law, correctional facilities and all locations, though this
list is not exclusive and is subject to modification by federal, state or local officials.
Page 6 of 6