On April 25, Gov. McMaster signed H.3126 into law, restricting a private employer from instituting a COVID-19 vaccine mandate for its employees. However, H.3126 includes an exception for employers who (1) have certain qualifying federal conflicts and (2) submit an affidavit attesting to those federal conflicts to the Department of Employment and Workforce (DEW). DEW has posted more information about the process here.
Who should submit an affidavit:
You should file an affidavit with DEW if you are subject to an executive order or federal rule that requires your employees to be vaccinated. Certain providers who accept payments from CMS fall under this category.
What is an affidavit?
At this time, DEW has not provided a standard affidavit form that must be completed. DEW has advised us that it is leaving the form of the affidavit up to individual employers. The only requirement is that it be in PDF format. It appears that they are seeking a simple attestation that a federal conflict (such as your CMS related work) prohibits you from complying with H.3126. HCAOA has developed a sample affidavit for members. Click here to download.
How to submit your affidavit to DEW:
An employer should submit a PDF of their completed affidavit to VaxAffidavits@dew.sc.gov. Employers will receive a reply email confirming receipt. Affidavits are being handled by DEW’s Office of Governmental Affairs. For questions, contact E. Andrews Morgan at EAMorgan@dew.sc.gov or (839) 810-7679. Duncan Crotwell, Deputy Director of Governmental Affairs, can also be reached for questions at (803) 737-0398.
Nothing in this informational post constitutes legal advice nor should this post serve as a substitute for legal advice. If you are unsure about the consequences of H.3126 on your business, you should seek the counsel of an attorney licensed in South Carolina.