Guidance details vaccination, masking and physical distancing requirements

As we reported on September 20, 2021 President Biden released a six-pronged federal strategy, Path out of the Pandemic, along with two Executive Orders to expand COVID-10 vaccinations. On September 24, 2021 the Safer Federal Workforce Task Force published Guidance and FAQs that requires:

• Vaccination of all employees, by December 8, 2021, working on a prime or subcontract or in the same facility as employees working on a contract, “except in limited circumstances where an employee is legally entitled to an accommodation,”
• Masking and physical distancing requirements by covered contractor employees and visitors, and
• Designation of a COVID-19 Safety Coordinator.

The Guidance applies to service and construction contracts, subcontracts, other agreements or contract-like instruments, including extended or renewed contracts. If a contractor, regardless of the tier, has one or more covered contracts, all “covered contractor employees” will be subject to the COVID-19 vaccine mandate and CDC workplace safety protocols for masking and social distancing. This includes remote employees who work directly or indirectly on a federal contract. If a contractor has a covered contract on or before the October 15 effective date of the contract clause, covered contractor employees must be fully vaccinated by December 8, 2021. After that date, all covered contractor employees must be fully vaccinated by the first day of the period of performance on a newly awarded, extended or renewed covered contract.

The masking requirements are strict and contractors should refer to the guidance and/or legal counsel for more information as to who must wear masks. The masking requirement depends on the individual’s vaccination status and the level of community transmission in the area of the covered contractor workplace location.

This blog does not contain any guidance from OutSolve due to the complexities and potential legal liabilities of these vaccination mandates. We suggest that you contact your legal counsel and/or employment law attorney for additional advice and guidance.