VAX FAQs

Resource Information

 For Businesses

Resources, Articles, Q + A

Businesses have an obligation to protect the health and livelihood of employees. There is also an ethical responsibility for businesses to do whatever they can to reduce the extent and severity of transmission in Oakland, most especially for the sake of healthcare workers, immunocompromised individuals and young children. 

There is a growing list of businesses in Oakland who are joining together to support the policy of asking for proof of vaccination and/or a negative covid19 test before entering their establishments. OIA offers some guidance and ideas about how to go about this to help keep us all as safe as possible.

“The San Francisco Bar Owner Alliance, a group representing more than 500* local bar owners, announced that starting on Thursday customers who wish to remain inside their bars must show proof of vaccination or a negative Covid-19 test within the last 72 hours.

The SF Bar Owner Alliance said the new rule is in response to the group’s concern about an uptick in Covid-19 cases among its staff members.

‘We believe we are obligated to protect our workers and their families and to offer a safe space for customers to relax and socialize,” SF Bar Owner Alliance said in a statement.’ ”

-Eli Walsh for East Bay Express, 7/28/2021

“For those who can not currently be vaccinated, safety will only ever arrive when enough people who can be, are. This will serve both to flatten the curve and take pressure off of our health system, and to mitigate the risk of this virus continuing to mutate, plunging us into a never-ending cycle. And for those who have made the conscious and voluntary decision not to be vaccinated, indoor dining remains an incredibly high-risk activity. Though they may perceive a vaccine mandate for indoor dining as an infringement on their personal freedom, preventing these people from eating indoors while a pandemic rages on is the most life-affirming and fair measure we could take. The sooner we do, the sooner each and every one of us can safely return to our favorite corner table.”

-Elazar Sontag for Eater, Aug 3, 2021

Masks:

• Masks in public spaces are now enforced in Alameda County. (december 29, 2021)

• “Seriously, Upgrade Your Face Mask Omicron is everywhere. Dr. Abraar Karan explains why cloth masks don’t cut it.” -Chas Danner, Intelligencer, December 29, 2021

• The Strategist’s guide to face masks includes recommendations for numerous NIOSH-approved N95 respirators, as well as good KN95 and KF94 masks, and advice on how to avoid counterfeits.

Proof Of Vaccination:

STARTING FEBRUARY 1ST, 2022: “Oakland City Council on Tuesday approved an emergency ordinance that will require everyone to show proof they are vaccinated against COVID-19 before entering restaurants, bars, and other establishments. The ordinance applies to restaurants, bars, coffee houses; entertainment venues and museums; gyms, fitness centers, and yoga studios; and senior centers and adult care facilities. Those businesses must post signs by Jan. 15 warning people of the upcoming requirement.” Oakland will require proof of COVID-19 vaccination to enter restaurants, gyms” -David DeBolt, The Oaklandside, December 21, 2021.

• California’s DIgital Vaccination card Registration

• Digital Vaccine Verification "how to" Flyers:

  Follow the link here for pdf and jpg versions of DCVR "how to" flyers.

• SMART Health Card Verifier App: Quickly scan a SMART® Health Card to confirm COVID-19 vaccination using the Verifier app at your small business, live music venue, school, or sporting arena.

“It depends on the business, but most have an employee ready to check vaccination records at the door, whether that be a physical or digital version. Bars who require proof of vaccination, for instance, are asking bouncers to check customers' vaccination status along with ID. Other venues, such as PianoFight in San Francisco, are having its box office staff check for vaccination cards along with taking tickets for shows, separately from ID checks.” -Dianne de Guzman, SFGATE July 24, 2021

Article: More San Francisco businesses are requiring proof of vaccination. Here's what you should know.

Valid CDC vaccination cards should include all the following information:

• product name*, date of dose(s), vaccine lot number, person’s date of birth, the clinic/location or medical provider’s name, and possibly an IIS reference number.

• Please note that in order to qualify as fully vaccinated, it must be at least 2 weeks from the date of their final shot.

Article: How to prove you’re vaccinated as more venues make it mandatory

If you suspect fake cards: report it to the U.S. Department of Health and Human Services (HHS) Office of Inspector General by submitting a report online or calling 800-447-8477. Please also let the Department of Health know at Covid.Vaccine@doh.wa.gov.

Rapid Tests:

There are numerous free and easily accessible COVID19 test centers across the Bay Area, including some with rapid results. If a customer gets tested at a provider location, businesses can ask that they show a screenshot or digital copy of the test result.

At-Home Rapid Tests: Businesses have no way to prove when customers took these types of tests. If you choose to accept at home rapid test results, it’s more safe that they wait to take the test outside and/or when they arrive. If you are able to provide or sell tests to customers for entry, that is also very helpful

It’s always beneficial to have a policy in place with your staff. It’s also helpful to have information ready to provide to customers who don’t have proof of vaccination or a negative test.

Article: list of fda-approved self-testing kits (august 2 2021)

Alameda County Testing Options

“The Biden administration is buying 500 million rapid COVID-19 test kits to give Americans for free — here's how to get one”-Grace Panetta, The Insider, Dec 21, 2021

Customers who are not fully-vaccinated or cannot be vaccinated due to health, disability or religious reasons:

While customers’ reasons for not getting the vaccine can be appreciated, by law, a business’s obligation to protect employees and reduce the threat of transmission supersedes obligations to accommodate exceptions to their policies for those reasons.

Encourage customers to call ahead, post signage at location, and post on social media to indicate what your business’s covid policies are to avoid confusion. Honor your system.

If outdoor seating and take-out options are offered, this is the best and safest option for unvaccinated individuals during this time.

[Indoor only]: As noted above, while businesses might like to accommodate an exception, they are not legally required to do so if it creates an undue threat to employees.

Options for those who can’t come inside:

Contactless ordering (how to set up)

QR Codes: What They Are and How to Generate One 2021

TOAST: Order and Pay At The Table FAQs

 Contactless Dining: Everything You Need To Know

 https://help.shopify.com/en/manual/promoting-marketing/create-marketing/shopcode

Online/Mobile Ordering

Guests Dining In? Let Them Scan To Order

Additional Chart on how to handle potential exposures / outbreaks here

Encourage Vaccination:

• Offer discounts, deals, free drinks, snacks or samples from your establishment to customers who show proof of vaccination.

• Team up with supportive neighboring business for package deals.

• Work with artists/musicians/DJs or pop-up food vendors.

• Work with pop-up mobile vaccine site events.

 For Customers

Q + A with links

Q: Why are you doing this? 

First and foremost, businesses have an obligation to protect the health and livelihood of employees. Please keep in mind, some businesses are still understaffed and operating at lower capacity of pre-pandemic levels.

Many businesses, nor their employees, can afford another shutdown or even a temporary closure due to an outbreak.

There is an ethical responsibility for businesses to do whatever they can to reduce the extent and severity of transmission in Oakland, most especially for the sake of healthcare workers, immunocompromised individuals and young children. 

Q: How do I show proof of vaccination? 

You can show either the physical card, a copy of it or digital card. It is most efficient to register for your digital vaccination card here:

California Digital Vaccination Card Registrar

Please note that in order to qualify as fully vaccinated, it must be at least 2 weeks from the date of your final shot.

Article: How to prove you’re vaccinated as more venues make it mandatory

DO NOT BUY, PRINT OR USE FAKE VACCINATION CARDS. Businesses report them and people who use them. Not only is it putting others at risk, it is considered a Federal Crime punishable by up to 5 years in prison or a $5000 fine for each offense.

Article: More San Francisco businesses are requiring proof of vaccination. Here's what you should know.

Q: Where can I get a test and how do I show proof of a negative COVID19 test within 72 hours?

There are numerous free and easily accessible COVID19 test centers across the Bay Area, including some with rapid results. You can find a link to testing centers in Alameda at the QR code below. If you get tested at a provider location, you can show a screenshot or digital copy of the test result.

Note that the date of the test must be within 72 hours of when you arrive. 

Free Local Covid testing options

Q: Can I use an at-home rapid test, such as BinaxNOW? 

Definitely! It’s best that if you choose this option, you should wait to take the test outside and when you arrive (as businesses have no way to prove when you took it otherwise).

Q: I cannot get the vaccine due to a disability or religion. What can I do? 

Your reason for not getting the vaccine is appreciated and some businesses may or may not provide an option to get a negative COVID test instead. It would be good to call ahead to ask if you can.

Note that, by law, a business’s obligation to protect employees and reduce the threat of transmission supersedes their obligation to accommodate exceptions to their policies for those reasons.

*IF applicable: Businesses may have plenty of outdoor seating and to go options available.

List of FDA approved Self Testing Kits

Q: I am not fully vaccinated, and also cannot get a COVID19 test due to a disability or religion. What can I do? 

[Indoor only]: As noted above, while businesses might like to accommodate an exception, they are not legally required to do so if it creates an undue threat to employees. Luckily, there are plenty of amazing restaurants and bars with outdoor seating in Oakland to choose from.

where to get vaccines:

• My Turn

• AlCoVax Signup

• OAKLANDSIDE

  
  

Where to get covid tests

• Free Testing Sites in Alameda County

• COLOR (West Oakland)

• CURATIVE

• TEST THE PEOPLE

• Carbon Health - Locate testing sites

Digital proof of vaccination 

• Digital Covid-19 Vaccine Record

Covid19 Vaccines: Myths VS Facts

• CDC: Myths and facts about covid-19 vaccines

• John Hopkins Medicine: Covid-19 vaccines myth versus fact

• covid vaccine facts .org

FOR businesses + Employees

Q: Can we require an employee to show proof that they have received the vaccine outside of work?

According to the Equal Employment Opportunity Commission (EEOC), yes. Simply requiring proof of vaccination by itself does not violate either the Americans with Disabilities Act (ADA) or the Genetic Information Nondiscrimination Act (GINA).

However, employers should be aware that the ADA limits their ability to make “disability-related inquiries,” and GINA generally prohibits employers from requesting employees’ genetic information. While neither of these laws prevents employers from asking for proof of vaccination, employers are wise to explicitly tell employees not to provide related medical or genetic information as part of the proof.

For example, employees should be advised not to provide their full medical history or extraneous information about their medical visit when providing proof of vaccination.

Q: Should we have a vaccine policy?

A vaccine policy is optional, but many employers may wish to create one. At this point, we recommend working with an attorney to draft a vaccine policy if you want to require employees to vaccinate.

Q: What are best practices if we plan to provide the vaccine at work?

If you do not have onsite medical resources that you can use, the best practice would be to contract with a professional medical service provider. It is recommended that you contact your health insurance carrier for assistance.

From a practical perspective, we recommend making COVID-19 vaccines available during times that allow your employees to receive the vaccine during their workday, so that they will not have to come to work in their off-hours to receive the vaccine. If you are requiring employees to receive the vaccine, the best practice would be to pay employees for the time it takes to get vaccinated (including associated wait times). It is also wise to publicize the event and ensure that managers allow time for employees to receive the vaccine during their workday. Encourage leadership to participate in vaccination too, which may help inspire confidence and participation from other employees.

To maintain employees’ privacy and comply with the ADA, we recommend that you provide a private space for each employee to receive the vaccination individually. Employees may share private medical information with vaccine providers or have medical questions; allowing privacy will help ensure confidentiality of that information.

Additionally, if you (or a contractor working on your behalf) provide vaccines, pre-vaccination screening questions are “disability-related inquiries” under the ADA and must be “job-related and consistent with business necessity.” To meet this standard, an employer would need to have a reasonable belief, based on objective evidence, that an employee who does not answer the questions and, therefore, does not get vaccinated will pose a direct threat to their own health or safety or the health and safety of others.

If you require proof of vaccination, the best practice is to tell employees in writing not to provide genetic information as part of their vaccination proof. A sample GINA warning is available under the Confidentiality section above.

Finally, the ADA requires employers to keep all employee medical information confidential—including medical information obtained as part of the vaccination program.

Can I tell clients whether my employees are vaccinated?

While employers are allowed to ask employees about their vaccination status, employers should treat this information as confidential unless they have a legitimate business reason to disclose it. For example, employers whose employees are in-home caregivers for elderly clients can most likely confirm to their clients that their employees are vaccinated. The best practice would be to have employees voluntarily consent to the disclosure to avoid potential privacy issues under state law (if applicable). Employers may be prohibited from disclosing additional information, however, such as the fact that an employee didn't get vaccinated because of a disability.

VAX GRAPHICS

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NO TEST Vax Graphics:

 List Of Participating Businesses Requiring Proof of Vaccination

• A Cote

• Awaken Cafe & Roasting

• Bar Shiru

• Bay Grape

• Cafe Van Kleef

• Daytrip

• Endzone

• Federation Brewing

• First Edition

• Mela Bistro

• Missy Moran Studios

• Mockingbird

• Pintoh Thai Street Food

• Revelation in Fit

• Rooz Cafe

• Shaw

• Stinky’s

• TAC Temescal Art Center

• Tay Ho Oakland Restaurant & Bar

• The Cat House

• The Golden Squirrel

• The Kebabery

• The lodge