100137.1 A Licensee's staff members shall complete a physical examination by a licensed health care practitioner at least annually, and obtain written and signed documentation from the examining practitioner that at the time of the examination, the staff member at the time of the examination, the staff member was free of tuberculosis and other communicable diseases, and is physically capable of caring for children.

100137.2 Except where the requirements in Subsection 137.3 are satisfied, each staff member shall be physically capable of caring for children, which includes but not limited to a staff member being able to:

(a) Lift at least forty pounds (40lbs);

(b) Perform all activities with children for extended periods of time;

(c) Be outdoors for regular, prolonged activities.

100137.3 If a staff member is unable to conform to the requirements in Subsection 137.2, the Licensee shall ensure that a sufficient number of staff members, who are able to conform to the requirements in Subsection 137.2, are present on the Facility premises in order to ensure adequate care and supervision of enrolled children.

100137.4 A Licensee shall maintain, and update at least annually, a record of COVID-19 immunization for each of its staff members, which shall consist of a written certification of COVID-19 immunization or a written determination, with supporting documentation, that the Licensee granted the staff member an exemption from COVID-19 immunization based on one of the following reasons:

(a) the staff member objected, in good faith and in writing pursuant to procedures established by OSSE, that the vaccination would violate his or her sincerely held religious beliefs; or

(b) the staff member's private physician, or his or her representative, or the Department of Health has provided written certification that COVID-19 vaccination is medically inadvisable for the staff member.

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as amended by the Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021, effective March 2, 2022 (D.C. Law 24-0085; 69 DCR 000440 (January 21, 2022)).