As of December 27, employers must ensure that all workers who enter the workplace or come into contact with the public during the course of their work show proof of at least one dose of COVID-19 vaccination
New York City business must fill out the Affirmation of Compliance With Key to NYC Worker Vaccination Requirements certificate and post it in a public place. They must be prepared to make their records available for inspection upon request by a city agency. The certificate can be downloaded at nyc.gov/vaxtowork.
The Key to NYC mandate was first announced in August 2021 and has been recently expanded as follows:
Indoor Dining, Indoor Fitness, and Indoor Entertainment and Certain Meeting Spaces
Children: As of December 14, children ages 5 to 11 are required to have proof of vaccination for the public indoor activities described here. They must show they have received at least one dose of a vaccine. Children ages 5-11 only need a single dose up until January 28, 2022. Beginning January 29, 2022, 5-11 year-olds will need to show proof of a full regimen of a COVID-19 vaccine, just like individuals who are 12 and older.
People 12 and older: As of December 27, people 12 and older participating in indoor activities will be required to show proof they have received two vaccine doses, except for those who have received the one dose of the Johnson & Johnson vaccine.
If a business is covered by this requirement, it is required to check the vaccination status of all staff and customers 5 and older. Entry to anyone 5 and older who has not received at least one dose of the COVID-19 vaccine, unless an exception in the Executive Order for Key to NYC or the Frequently Asked Questions document applies, may not be permitted.
Customers are allowed to use the bathroom or for another reason that will take a small amount of time (for example, less than 10 minutes).
Businesses that do not comply with this policy will be subject to fines.
To implement this policy:
NEW: Fill out the Affirmation of Compliance With Key to NYC Worker Vaccination Requirements certificate and post it in a public place.
Place the Vaccination Required Poster for Businesses in a place that is clearly visible to people before they enter your business.
Become familiar with the accepted proofs of vaccination.
Develop a written implementation plan that will be available for inspection. This should include how the vaccination status of staff and customers is checked before they enter — or immediately after they enter — the business.
Help the staff get vaccinated:
Consider hanging posters about the COVID-19 vaccines in break rooms and provide information about where to get vaccinated.
All Other Private Sector Businesses
As of December 27, employers must ensure that all workers who enter the workplace or come into contact with the public during the course of their work beyond a quick and limited purpose show proof of at least one dose of COVID-19 vaccination. Workers will have up to 45 days to produce proof of a second dose in a two-dose vaccination series.
Those who have not provided proof of at least one dose or applied for a reasonable accommodation on religious or medical grounds by the deadline must be excluded from the workplace.
Additional information about the new vaccination requirement for private sector businesses can be found at nyc.gov/vaxtowork as of Wednesday, December 15.
Indoor Face Covering Guidance
On December 10, 2021, Governor Kathy Hochul announced masks are required to be worn in all indoor public places unless businesses or venues implement a vaccine requirement.
This major action to address the winter surge comes as COVID-19 cases and hospitalizations rise statewide and is in alignment with the CDC's recommendations for communities with substantial and high transmission.
The State Health Commissioner issued a determination solidifying the requirement.
You can read the State Health Commissioner’s December 10, 2021 Determination Letter.
More details can be found in the State’s FAQs.
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