OFCCP Weekly Review: November 2021 # 3 | Association of Direct Employers

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Wednesday November 10, 2021: Federal contracting guidelines updated to include a new full vaccination deadline

The Federal Workforce Security Task Force update its mandatory “guidelines” for federal government contractors and sub-contractors in accordance with Executive Order 14042 (Ensuring Adequate COVID Security Protocols for Federal Contractors). In addition, the Working Group also made available a new and two revised FAQs.

What has changed in the guide?

The vaccination deadline. According to previous guidelines, President Biden’s original deadline for federal contractor employees to be fully vaccinated was December 8, 2021, as we discussed on September 27, 2021. WIR. However, on November 8, 2021, President Biden suddenly issued a press release (no kidding) and set a new mandatory vaccination deadline for January 4, 2021 (i.e. the deadline for getting the vaccine) applicable to all vaccine mandates it has ordered. . The second deadline set in this press release is to be two weeks later for employees of federal contractors and subcontractors to be “fully” vaccinated (i.e., it takes 2 weeks for the vaccination becomes medically effective at full strength).

Our WIR story from November 8, 2021 documented this latest change of dates in the remarkable journey, not only non-legislative but also non-regulatory, of two of these four controversial vaccination mandates: The White House issued a press release easing the December 8, 2021 employee vaccination or layoff “requirement” for federal contractors and subcontractors until January 4, 2022. This setback eased public discontent with unpopular mandatory vaccination deadlines and leveled the mishmash of vaccination deadlines that would result in the four vaccination mandates ordered by President Biden.

Final result

The new vaccination deadline for covered contractors / subcontractors is January 4, 2022, making the deadline “fully vaccinated” January 18, 2022.

The guidance document is also noticeably shorter than previous incarnations (nine versus the original 14 pages) as FAQs are no longer listed. Instead, this section provides a link to FAQs, as the Working Group continues to frequently review and update its FAQs. (This is one of the reasons, for example, federal law has required for 75 years that federal agencies take actions that have a significant effect on the regulated community to do so through formal rule making. Just having backstage meetings to do your best in good faith is not good government since the advent of FDR’s “New Deal” three quarters of a century ago and the rise of the industry executive of the federal government.)

What has changed in the FAQ?

Vaccinations and safety protocols

New: Is there an example of signage that a Covered Contractor can post at the entrances to the Covered Contractor’s workplaces providing information on safety protocols?

A: “Yes. Covered contractors should post signs at the entrances to Covered Contractor workplaces providing information on safety protocols for fully vaccinated and non-fully vaccinated individuals and instructing individuals to follow appropriate workplace safety protocols when ‘they are at the workplace of the covered entrepreneur. Examples of signage for areas of high or substantial levels of community transmission can be found here. Examples of signage for areas of low or moderate levels of community transmission can be found here. “

Update: Are there circumstances under which the CDC recommends delaying full vaccinations for COVID-19? (revised to reflect the new “deadline” of January 18, 2022)

A: “Yes… In circumstances where a delay due to these clinical considerations means that an employee of the Covered Contractor is not fully vaccinated by the date of implementation of the vaccination requirement of the January 18, 2022, or at the time employees of the Covered Subcontractor begin work on a Covered Contract or at a Covered Workplace, the Covered Subcontractor should require that person to be fully immunized promptly after clinical considerations no longer recommend delay . [emphasis added]

Work places

Update: The occupational safety protocols defined in the working group Guidelines for Federal Contractors and Subcontractors the same whether the work is performed at a covered contractor workplace or a federal workplace? (revised to reflect the new date of January 18, 2022)

A: “Yes … Because employees of covered subcontractors working on a covered contract must be fully vaccinated after January 18, 2022, Employees of covered contractors who work only at a federal workplace must also be fully immunized by that date, unless they are legally entitled to housing. [emphasis added]


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