On November 12, 2021, Gov. Burgum signed HB 1511 into law. Under the new law, if a private employer requires employees or independent contractors to be vaccinated against COVID-19 as a condition of employment or contract, the employer must provide an exemption to those submitting proof of COVID-19 antibodies. Such proof shall be valid for six months.
The employer must also provide an exemption for those submitting to periodic testing, providing certification that such immunization would endanger the individual’s health or certification of a religious, philosophical or moral belief opposed to such immunization.
Importantly, the law specifically states that the requirement would not apply to an employer who is required to comply with a related federal law. Thus, large private employers who may be subject to the federal vaccine mandate under the Occupational Safety and Health Administration’s Emergency Temporary Standard would not have to consider conflicting provisions (such as providing an exemption based on proof of antibodies without weekly testing). Those employers would not be subject to the state provisions and would need only comply with the federal mandate.
The law is effective from November 15, 2021, through August 1, 2023. Employers should be aware of this law and consult with employment law counsel about their obligations.
HB 1511 »
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