On September 24, the Federal Workforce Safety Task Force released guidelines for federal contractors and subcontractors. The guidelines stipulate that covered contracts and instruments treated as contracts must contain a clause that the contractor and all subcontractors at each level must include in subordinate subcontracts. There are many things that federal contractors and subcontractors need to consider when addressing the challenges that COVID-19 poses to the workplace. On September 9, 2021, President Biden announced his action plan To get out of the pandemic: COVID-19. One of the main goals of the plan is to increase vaccinations. As part of this plan, the President signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors. The date on which employees (full-time and part-time) of a federal contractor and subcontractor with a covered contract are fully vaccinated against COVID-19 (with some exceptions apply), December 8, 2021, has been extended to January 4, 2022, reflecting the date included in OSHA`s temporary emergency standard for medium and large employers. After January 4, 2022, employees of the insured contractor and subcontractors must be fully vaccinated no later than the first day of the period of performance of the new covered contract and no later than the first day of the period of execution of an option exercised or an extended or renewed contract, if the clause has been included in the contract. ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION) To help contractors comply with regulations, we answer the questions that every federal contractor and subcontractor should ask. Employees who work both permanently from home and who do not perform work related to a federal contract or a subcontract do not need to be vaccinated. However, a person working on a covered contract from their place of residence is an insured contractor and must meet the vaccination requirement for employees with a covered contractor, even if the employee never works at a covered contractor`s workplace or at a federal workplace during the performance of the contract. The facility is mandatory for new calls and contracts awarded after November 14, 2021.
It is also mandatory for existing contracts for which an option is exercised or which are extended/renewed after 15 October 2021. For existing contracts, incorporation is not mandatory, but is “highly recommended”. On October 1, the Federal Acquisition Regulatory Council (FAR) issued the draft FAR FAR 52.223-99¹ notwithstanding clause, which is to be inserted into covered contracts and subcontracts. If the draft notwithstanding clause is included in contracts and instruments similar to contracts, an attempt is made to impose the guidelines on contractors and subcontractors. The FAR Council allows agencies to develop their own notwithstanding clauses. Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors Contractors should also keep in mind that many federal contractors and contractors are subject not only to the ordinance, but also to the Department of Labor`s Occupational Safety and Health Administration (OSHA) Temporary Emergency Standard (ETS), which requires all employers with 100 or more employees to ensure: that all employees are fully vaccinated or able to produce a negative COVID-19 test result at least once a week and comply with mask wearing and social distancing requirements. For more information about OSHA`s ETS, check out our previous legal disclaimer: Answer the top 10 questions from employers about the COVID-19 vaccine and look for a future legal warning after the HTA is released. The essential compliance requirements are (1) vaccination of the covered contractor`s employees by December 8, 2021, (2) appointment of a coordinator for COVID-19 workplace safety efforts, and (3) compliance with other safety requirements that extend to insured employees and visitors. Second, employees who work in a “covered contractor workplace” must be vaccinated.
A Covered Contractor Workplace means a place controlled by a Covered Contractor where an employee of a Covered Contractor working on or in connection with a Covered Contract is likely to be present during the period of performance of a Covered Contract. (b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021). September 2021, 86 FR 50985). Covered contractors must ensure that all persons, including employees and visitors of the covered contractor, comply with the CDC`s published guidelines for wearing a mask and physical distancing at a covered contractor`s workplace. Covered contractors should check the CDC COVID-19 Data Tracker County View website in all areas where they have a covered contractor workplace for information on community transmission at least once a week to determine appropriate safety protocols for the workplace. If the transmission rate is low/moderate, vaccinated employees and visitors do not need to wear masks indoors. If the transmission rate is high, all employees and visitors must wear a mask indoors, regardless of their vaccination status.
Federal contractors should review their existing contracts to determine whether these contracts are subject to change at or before the time of contract renewal, renewal, or an option year. Contractors should also identify workers and workplaces covered. An “insured contractor” means any full-time or part-time employee of a covered contractor who works on or in connection with a covered contract or covered workplace of a contractor. This includes employees of covered contractors who do not work on or in connection with a covered contract themselves. Far 52.223-99 requires affected contractors to comply with Executive Order 14042 and the Working Group`s guidelines of September 24, 2021, as well as any future guidance on the Working Group`s website. The requirements of the order apply to contractors and subcontractors at all levels, with the exception of subcontracting exclusively for the supply of products. The prime contractor must forward the clause to all subcontractors in the first stage; Parent subcontractors must forward the clause to the next lower subcontractor, to the point where the subcontracting requirements apply exclusively to the supply of products. Subcontractors working on federal projects must comply. If the subcontractor is working on a project unrelated to a federal project, there is no impact on the subcontractor.
If a federal agency has an urgent and critical need for a covered contractor to have employees of a covered contractor begin working on a covered contract or covered workplace before being fully vaccinated, the agency manager may approve an exemption for the covered contractor – in the case of such limited exceptions, the covered contractor must ensure: that these employees of the covered contractor are fully vaccinated or in a covered workplace within 60 days of the start of work on a covered contract. Affected contractors must designate a person to coordinate implementation with the working group`s safety protocols. The designated person must ensure that information on the occupational health and safety protocols required for COVID-19 is made available to the employees of the Affected Contractor and any other person who may be present at the Contractor`s intended workplaces, including communication of required occupational health and safety protocols and related policies by email, websites, memos, pamphlets or other means and by the following means: Installation of signs in workplaces covered by the contractor setting out occupational health and safety requirements and protocols in this area. Instructions in an easy-to-understand way. This includes communicating COVID-19-related occupational health and safety protocols and requirements regarding mask wearing and physical distancing to visitors and anyone else present at contractors` covered workplaces. The designated person(s) must also ensure that the employees of the affected contractor meet the requirements for the submission or provision of appropriate vaccination documents. (c) compliance. This includes interactions through the use of common areas such as lobbies, security areas, elevators, meeting rooms, kitchens, dining rooms and car parks.
Its release in the United States is scheduled for April 1, 2022 by STXfilms. [1] 52.223-99 Ensuring adequate COVID-19 safety protocols for federal contractors. . . . .