Chicago Vaccine Mandate Announced, Federal ETS Reinstated
Tuesday, December 21, 2021
City of Chicago Announces Vaccine Requirement for Customers at Restaurants, Bars, Gyms, Venues; Effective Monday, January 3
The city of Chicago has announced that any individual 5 years of age or older will be required to show proof that they are fully vaccinated against COVID-19 to dine indoors, visit gyms, or enjoy entertainment venues where food or drink are being served, effective Monday, January 3. Click here to read the announcement.
Click here to visit the Chicago Vaccine Requirement webpage, with FAQs, required signage, sample compliance plans, vaccination locations, and more. Click here to download the FAQs.
Below are key provisions of the new requirements of restaurants, bars, and other indoor dining establishments:
- Effective Monday, January 3, 2022, the Chicago Vaccine Requirements will apply to indoor dining establishments, including, but not limited to: restaurants, bars, fast food establishments, coffee shops, tasting rooms, cafeterias, food courts, dining areas of grocery stores, breweries, wineries, distilleries, banquet halls, and hotel ballrooms
- Covered businesses are required to check the vaccination status of all patrons age 5 and older.
- Proof of Full Vaccination - CDC COVID-19 Vaccination Record Card or an official immunization record from the jurisdiction, state, or country where the vaccine was administered or a digital or physical photo of such a card or record, reflecting the person’s name, vaccine brand, and dates administered.
- Additionally, individuals over the age of 16 will need to provide identification with the same identifying information as the proof of vaccination.
- Establishments are not required to comply with this requirement if they offer only take-out, delivery or outdoor dining, or any indoor tables, chairs, or other furnishings normally used by patrons for indoor dining are removed or blocked off (e.g., with signs or tape) so they are unavailable for use.
- Individuals are exempted if they are entering an establishment for less than 10 minutes to order or carry out food, make a delivery or use the bathroom.
- Employees who are not fully vaccinated must receive a test for COVID-19 every 7 days.
- The test must be a viral test (not an antibody test); tests must not be self-administered and self-read, unless observed by the employer or an authorized telehealth proctor.
- Click here to download the sample documentation of employee compliance with proof of vaccination or weekly negative test.
- Establishments will be required to develop and keep a written recorddescribing the protocol for implementing and enforcing the vaccine requirement.
- Establishments will be required to prominently post signage at each publicly accessible entrance to the covered location and at least one location inside the covered location that is conspicuously visible, informing patrons of the vaccination requirement.
- The Order applies to any part of a covered location with a roof or overhang that is enclosed on at least three sides. The Order does not cover temporary outdoor structures for multiple parties that have at least 50% of the sides open to allow airflow nor dining structures for individual parties, such as plastic domes, that have adequate ventilation to allow for air circulation.
- The IRA is seeking clarification from the city on enforcement and fines.
- The City of Chicago will be holding informational webinars to provide an overview of the vaccine requirement on Wednesday, December 22 at 11:00 a.m., Wednesday, December 29 at 11:00 a.m., and Tuesday, January 4 at 2:00 p.m. Click here to register.
Throughout the pandemic, our industry has prioritized customer and team member safety above all else, and the IRA strongly supports vaccinations for everyone to mitigate the spread of COVID-19. As various local mitigations have been under consideration, we have consistently stressed the need for restaurants to be able to safely serve customers, keep people employed, maintain capacity, and stay in business long-term. Chicago's hospitality community remains in a very fragile stage of recovery.
We recognize that implementing and enforcing these requirements will be a significant challenge for restaurants and their team members, and that there are many different questions and heightened emotions around this issue. We are stressing the need for customers to be cooperative, respectful, and kind to staff members working to comply with these requirements.
The IRA is fully committed to helping all restaurants comply with these requirements, educating the public about the regulations, and keeping direct and frequent communication with the city of Chicago about the ongoing needs of the restaurant community as this policy is rolled out. As always, we are available as a resource and advocate for you and your business.
Stay tuned for more information in the coming days.
Federal ETS Vaccine Mandate for Large Employers Update
On Friday, December 17, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the Vaccination and Testing Emergency Temporary Standard (ETS). The Department of Labor (DOL) and the Occupational Safety and Health Administration (OSHA) can now resume implementing this vital workplace health standard. The ETS establishes requirements to protect employees of large employers (100 or more employees) from the risk of contracting COVID-19 in the workplace.
To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the ETS compliance dates. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.
More information on the ETS can be found at these links:
Coming Soon - Free At-Home Rapid Tests Available from Federal Government
Earlier today, President Biden announced a series of COVID-19-related initiatives, including standing up new testing and vaccination centers and the purchase of 500 million at-home rapid tests that will be delivered to Americans' homes through the mail.
The website to request these at-home tests will be launched in January.
Default Beverage for Children's Meals Ordinance Introduced to Align with State Law
Last week, Mayor Lightfoot introduced an ordinance that would align the city of Chicago with the recently passed state law that will regulate the default beverage offered with children's meals at restaurants.
The IRA supported the Serve Kids Better Act, effective January 1, 2022, which we negotiated with health advocates and other industry leaders to help improve children's health. This is a pragmatic public health policy, as it provides options and flexibility for both families and restaurants.
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