White House Issues Fact Sheet on Two New Vaccination Policies

Extends federal contractor vaccination deadline from December 8, 2021 to January 4, 2022

President Biden announced on November 4, 2021, by way of a Fact Sheet details on two major vaccination policies through the Emergency Temporary Standard (ETS). The ETS is expected to be published in the federal register on November 5, 2021.

Policies

1. The Occupational Safety and Health Administration (OSHA) is requiring employers with 100 or more employees to ensure each of their workers is fully vaccinated or test for COVID on at least a weekly basis. Employers must also pay employees for the time it takes to get vaccinated and unvaccinated employees must wear masks in the workplace. OSHA COVID-19 Vaccination and Testing ETS.
2. The Centers for Medicare & Medicaid Services (CMS) is requiring that health care workers at facilities participating in Medicare and Medicaid are fully vaccinated.

The OSHA and CMS rules will not apply to workplaces subject to the federal contractor requirement meaning that employers will not have to track multiple vaccination requirements for the same employees. In this situation, the federal contractor vaccination requirement prevails; however, if an employee works on or in connection with a contract or subcontract not subject to the federal contractor requirements the facility would be subject to the ETS or the CMS rule.

The vaccination deadline for federal contractors, as well as employers subject to the OSHA or CMS rule, is January 4, 2022. For federal contractors, the January 4th date is an extension from the current deadline of December 8, 2021.

OutSolve’s Take

Contractors should continue making efforts to comply with the new vaccination requirements and the deadline. A contractor should also consult with their legal counsel for any questions regarding the new OSHA vaccination policy.