UT Code § 26-68-201 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 68 - Covid-19 Vaccine Restrictions Act|Section 201 - Employee COVID-19 vaccination and testing.

 Affected by 63I-1-226 on 7/1/2024  Effective 11/16/2021  26-68-201. Employee COVID-19 vaccination and testing.    (1) As used in this section:   (a)   (i) "Adverse action" means an action that results in:   (A) the refusal to hire a potential employee; or     (B) the termination of employment, demotion, or reduction of wages of an employee.       (ii) "Adverse action" does not include:   (A) an employer's reassignment of an employee; or     (B) the termination of an employee, if reassignment of the employee is not practical.         (b) "COVID-19 vaccine" means a substance that is:   (i)   (A) approved for use by the United States Food and Drug Administration; or     (B) authorized for use by the United States Food and Drug Administration under an emergency use authorization under 21 U.S.C. Sec. 360bbb-3;       (ii) injected into or otherwise administered to an individual; and     (iii) intended to immunize an individual against COVID-19 as defined in Section 78B-4-517.       (c) "Employee" means an individual suffered or permitted to work by an employer.     (d)   (i) Except as provided in Subsection (1)(d)(ii), "employer" means the same as that term is defined in Section 34A-6-103.     (ii) "Employer" does not include:   (A) a person that is subject to a regulation by the Centers for Medicare and Medicaid Services regarding a COVID-19 vaccine, unless the person is the state or a political subdivision of the state that is not an academic medical center; or     (B) a federal contractor.         (e) "Workplace" means the same as that term is defined in Section 34A-6-103.       (2) Except as provided in Subsection (6), an employer who requires an employee or prospective employee to receive or show proof that the employee or prospective employee has received a COVID-19 vaccine shall relieve the employee or prospective employee of the requirement if the employee or prospective employee submits to the employer a statement that receiving a COVID-19 vaccine would:   (a) be injurious to the health and well-being of the employee or prospective employee;     (b) conflict with a sincerely held religious belief, practice, or observance of the employee or prospective employee; or     (c) conflict with a sincerely held personal belief of the employee or prospective employee.       (3) Except as provided in Subsection (6), an employer shall pay for all COVID-19 testing an employee receives in relation to or as a condition of the employee's presence at the workplace.     (4) Except as provided in Subsection (6), an employer may not take an adverse action against an employee because of an act the employee makes in accordance with this section.     (5)   (a) An employer may not keep or maintain a record or copy of an employee's proof of vaccination, unless:   (i) otherwise required by law;     (ii) an established business practice or industry standard requires otherwise; or     (iii) the provisions of this section do not apply as described in Subsection (6)(a).       (b) Subsection (5)(a) does not prohibit an employer from recording whether an employee is vaccinated.       (6)   (a) The provisions of this section do not apply to a contract for goods or services entered into before November 5, 2021, unless the contract is between an employer and the employer's employee.     (b) An employer may require an employee or prospective employee to receive or show proof that the employee or prospective employee has received a COVID-19 vaccination without providing the relief described in Subsection (2), if the employer:   (i) employs fewer than 15 employees; and     (ii) establishes a nexus between the requirement and the employee's assigned duties and responsibilities.        Enacted by Chapter 9, 2021 Special Session 2