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Vaccine Affidavit

On April 26, 2022, Governor Henry McMaster signed H. 3126 into law. Among other provisions, Section 7 of H. 3126 sets forth restrictions on the application of a private employer’s vaccine mandate, and Section 8 provides that certain vaccine exemptions must be honored. Section 7 and Section 8 of H. 3126 include an exception for South Carolina 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).  Employers may wish to review the text of H. 3126, with particular attention to Sections 7 and 8 (below), to determine whether to file an affidavit.

An employer should submit a PDF of their completed affidavit to VaxAffidavits@dew.sc.gov.  You will receive a reply email confirming receipt.  To revoke an affidavit, an employer would need to submit a request in writing to the same email address. Please note our customer service representatives will not be able to answer questions about this vaccine affidavit process.  If you do not receive a confirmation email or have questions about the process, please reach out to Deputy Director of Governmental Affairs Duncan Crotwell at 803-737-0398. 

As in all matters, DEW cannot provide legal advice.  Employers with questions about whether these exceptions are applicable or how to prepare an affidavit should seek legal counsel. 

H. 3126 (Excerpt)

Read the full text of H. 3126 here.

SECTION    7. 

(A) A private employer's vaccine mandate may not:

     (1) extend to independent contractors, nonemployee vendors, or other third parties that provide goods or services to the employer; and

     (2) be used to coerce independent contractors, nonemployee vendors, or other third parties that provide goods or services to the employer into implementing a
          vaccine mandate to maintain the business relationship.

(B) For purposes of this section, "private employer" means all employers other than the State and its political subdivisions, including school districts.

(C)

     (1) The provisions of this SECTION do not apply to an employer if the employer submits an affidavit with the Department of Employment and Workforce attesting to
           the fact that the employer has a contract with the federal government, a subcontract with a federal contractor, or is subject to a federal regulation that contains a
           valid, enforceable provision that is contrary to the requirements of this SECTION.

     (2) The provisions of this SECTION do not apply to an employer seeking to enter into a federal contract, or a subcontract with a prospective federal contractor, that
           includes a valid, enforceable provision that is contrary to the requirements of this SECTION if the employer submits an affidavit with the Department of
          Employment and Workforce attesting to the fact that if the employer is awarded the contract or subcontract, then the employer must enforce a provision that is
          contrary to the requirements of this SECTION.

     (3) An affidavit filed with the Department of Employment and Workforce pursuant to this subsection remains in effect until revoked by the employer.

SECTION    8. 

(A) Notwithstanding any other provision of law, a religious exemption or medical exemption must be honored regarding any COVID-19 vaccine or booster requirement. A medical exemption may include the presence of antibodies, a prior positive COVID-19 test, or pregnancy. To claim a religious exemption, a person must provide his employer with a short, plain statement attesting to the fact that a tenet of his deeply held religious convictions would be violated by receiving the COVID-19 vaccine and booster.

(B)

     (1) The provisions of this SECTION do not apply to an employer if the employer submits an affidavit with the Department of Employment and Workforce attesting to
          the fact that the employer has a contract with the federal government, a subcontract with a federal contractor, or is subject to a federal regulation that contains a
          valid, enforceable provision that is contrary to the requirements of this SECTION.

     (2) The provisions of this SECTION do not apply to an employer seeking to enter into a federal contract, or a subcontract with a prospective federal contractor, that
           includes a valid, enforceable provision or would be subject to a federal regulation that is contrary to the requirements of this SECTION if the employer submits an
           affidavit with the Department of Employment and Workforce attesting to the fact that if the employer is awarded the contract or subcontract, then the employer
           must enforce a provision that is contrary to the requirements of this SECTION.

     (3) An affidavit filed with the Department of Employment and Workforce pursuant to this subsection remains in effect until revoked by the employer.