The administration has tapped the Guam Police Department to monitor compliance with the government's policy requiring residents to show proof of vaccination to dine in at restaurants or use public facilities, which officially begins today.
The government encourages reporting of violations.
To report any potential violations of E.O. 2021-21, please contact the Division of Environmental Health at 300-9579, Monday through Friday, except recognized government holidays, 8 a.m. to 5 p.m., or via email at firstname.lastname@example.org.
DPHSS DEH developed Frequently Asked Questions to assist the community in better understanding and complying with Executive Order 2021-21:
1. How would I know if my establishment meets the definition of a covered establishment?
o The list of covered establishments is provided in Section A.6. of DPHSS Guidance Memorandum 2021-21, as follows:
§ Bingo halls;
§ Boat cruises;
§ Bowling alleys;
§ Concerts and similar events;
§ Eating and drinking establishments with in-person, indoor/outdoor dining, except the following:
· Eating and drinking establishments in schools, grades pre-K to 12, subject to DPHSS Guidance Memo 2021-21;
· Mobile food service establishments (MFSE) and Temporary Food Service Establishment (TFSE), provided, it is not part of an organized event and/or seating for dining purposes is not provided; and
· Catering establishments that provide off-site services at a private or public venue and are employed by an event organizer.
§ Food courts at Shopping Centers or Malls, except the food courts located in the terminal building of the international airport for travelers screened by security, including passengers who are transiting, delayed, or departing Guam;
§ Gymnasiums, fitness centers, and dance studios;
§ Movie theaters;
§ Organized contact sports for training and competition, except school-sanctioned events as provided in DPHSS Guidance Memo 2021-21;
§ Swimming pools;
§ Theaters and museums; and
§ Other covered establishments determined by DPHSS.
2. Does a food retailer such as a grocery store, warehouse, or other food market need to check for proof of vaccination?
No, unless seating is provided for patrons. For example, a grocery store that provides tables and chairs for patrons to sit and eat must check proof of vaccination for any patrons who use that area.
3. Are all establishments required to maintain a contact log of patrons?
No. Only the following establishments are required to maintain contact logs of patrons, including third-party vendors (i.e., suppliers/delivery staff that enter the premises), pursuant to DPHSS Guidance Memo 2021-21:
§ All eating and drinking establishments with indoor or outdoor dining;
§ Childcare facilities;
§ Cosmetology establishments (barbershop, beauty salons, therapeutic massage); and
§ K-12 schools.
4. What information should be included on the establishment’s contact log sheet?
a. Date and time of visit
b. First and last name of each individual
c. Contact information (phone number or email address)
Contact logs must be maintained and kept on file for a period of 30 days from the date of service and must be readily available to DPHSS upon request.
5. Who is required to show proof of vaccination?
Guests, patrons, performers, employees, volunteers, participants and coaches at covered establishments must show proof of vaccination. Covered establishments may keep a record of people who have previously provided proof of vaccination, rather than require the proof be displayed every time the person enters the establishment, provided that such covered establishments maintain a record of the individuals’ visits for contact tracing purposes.
6. Are individuals allowed to use the restroom or locker room without showing proof of vaccination at a covered establishment?
No. Covered Establishments must verify the vaccination status of each individual who intends to use the bathroom or locker room on their premises.
7. Does a covered establishment need to check proof of vaccination for suppliers or vendors?
No. Covered establishments do not need to check proof of vaccination for individuals making deliveries or pickups or for individuals picking up items such as food for takeout or delivery. However, these individuals must wear a face mask at all times.
8. May a covered establishment adopt a stricter policy than what is required in the executive order or DPHSS Guidance Memo?
Yes. The Executive Order and DPHSS Guidance Memo provide minimum requirements that Covered Establishments must comply with in order to operate. Establishments may choose to implement stricter policies, subject to existing legal restrictions. This information is not intended to serve as legal advice and should not be construed as legal advice. Covered Establishments should seek the advice of an attorney with regard to adoption of vaccination policies.
9. Does a covered establishment need to verify vaccination status for everyone?
Yes. Covered Establishments must verify the vaccination status of anyone appearing to be 12 years and one month of age or older.
10. If the establishment is not listed as a covered establishment, are the employees required to provide or show proof of vaccination?
No. Only those listed as a Covered Establishment are required to implement and enforce the proof of vaccination requirement for employees (and patrons).
11. Do employees/patrons need to be fully vaccinated?
No. Executive Order 2021-21 and DPHSS Guidance Memo 2021-21 require employees or patrons who will be occupying a Covered Establishment to be vaccinated with at least the first shot of a recommended series of a U.S. Food and Drug Administration (FDA) authorized COVID-19 vaccine, or by the World Health Organization. Alternatively, employees may submit to weekly testing as provided in Executive Order 2021-21 and DPHSS Guidance Memo 2021-21.
12. If an employee of a Covered Establishment has not received any COVID-19 vaccine, is he/she required to get weekly testing?
13. Will an employee who received an approved exemption from DPHSS still be required to get weekly testing?
Yes. However, DPHSS will consider, in very limited circumstances, medical exemptions from both vaccinations and weekly testing.
14. Can businesses conduct the weekly test for employees by using an over-the-counter COVID-19 test kit?
Not at this time.
15. Are there exemptions for wearing a face mask?
No. However, DPHSS Guidance Memo 2021-21 lists the following activities when individuals may remove masks temporarily:
a. When actively eating or drinking;
b. When engaged in physical activity, such as exercise or sports, including indoor gyms;
c. For children less than 2 years of age; and
d. When a mask would create a risk to an individual’s health, safety, or job duty (such as a singer performing live and those playing wind instruments).
16. Are patrons allowed to remove their masks when singing karaoke or dancing in a club?
No. Patrons may only remove their masks during activities listed in DPHSS Guidance Memo 2021-21, such as when engaged in physical activity (i.e., sports/exercise), when actively eating or drinking, or when a mask would create a risk to an indiv