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Can your customer require proof of Vaccine?

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This came up the other day because a peer was asked, so I thought I would snoop around. As we go through this, I am not a HIPAA Lawyer; I am just a pool guy, dammit! However, there is enough information about the required proof of vaccine that we can see where this is going.

Proof of Vaccination required to clean pools

Apparently, and you might not be happy about this, the answer is yes (again, not a lawyer). Until new laws pass it’s really no different than the State’s existing vaccination laws for childcare. State vaccination laws have been in place since 1855 and are deeply ingrained in our system. All fifty states require them to attend public school and even college. The law even applies to health care workers. Of course, all fifty also offer exemptions to one degree or another.

A smartphone displaying a valid digital vaccination certificate for COVID-19. Vaccination, immunity passport, proof of vaccination.

“A business can absolutely ask that question,” Lindsay Wiley, American University Washington College of Law, told USA Today. This was when talking about the rights of a business regarding their patrons. Why are these different? Lawmakers likening it to the ‘No Shoes, No Service’ policy. This, even though many states are taking steps to prohibit businesses requiring employees vaccination. WTF?!

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Many buildings already have rules and restrictions in place for vendors that go beyond state guidelines, say Habitat, New York’s Cooperative and Condominium Community. However, they add that some lawyers feel that mandating a vaccine for outside workers goes too far, both logistically and legally.

Oregon already requires all businesses to ask for proof of vaccination of anyone entering their establishment without a mask, reports MSN. Does that mean your state is next? Imagine the shit show if you must provide proof of vaccines of employees you can not require to have them? And, who at the facility is going to oversee this for every employee of every outside vendor?

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How does this affect you in the immediate future? It doesn’t, at least not on a wide scale. Except for Oregon and possibly Chicago, which becomes a non-issue if you ensure your techs wear a mask. They have the right, it is at the specific business’s discretion whether or not they want to require proof. Personally, I do not see a ton of companies jumping on the vaccination police wagon. It will come on a case-to-case basis, and that is exactly how you should address it until it changes.


Rudy Stankowitz is a 30-year veteran of the swimming pool industry and President/CEO of Aquatic Facility Training & Consultants