“A person who works on a covered contract from their place of residence is an insured contractor and must meet the vaccination requirement for insured contractors, even if the employee never works on a covered contractor or federal workplace during the performance of the contract. The residence of an insured contractor is not a covered contractor`s workplace, so during the residency, the person does not have to meet the requirements for the contractors` covered workplaces, including those related to mask wearing and physical distancing, even if working on a covered contract,” indicates the Working Group FAQ. Therefore, any employer entering into a federal contract, subcontract and/or instrument similar to a contract and/or renewals or extensions of existing contracts or instruments similar to a contract must comply with the guidelines. Building relationships with state and local disability and workforce development service providers, such as U.S. vocational rehabilitation agencies, U.S. employment centers, centers for Independent Living (CIL), and other community organizations, can be beneficial for federal contractors who want to proactively recruit people with disabilities and veterans to achieve their goals by under Section 503 and VEVRAA. These service providers can connect federal contractors directly with job seekers with disabilities or provide access to applicants` databases. Because they have a strong local orientation, they can also help identify and train people for specific workforce needs. The obligations of federal contractors under the laws administered by the OFCCP vary depending on the dollar amount and the type of contracts covered. This consultant will help you determine the laws to which your business or organization may be subject and what obligations may be imposed.
Once it has been determined that a company or organization is subject to the jurisdiction of the OFCCP, all facilities of the company or organization are generally covered, regardless of whether the federal contract is performed at only one of the company`s or organization`s facilities. Covered contractors must require that persons in the workplaces of covered contractors who are required to wear a mask must: The guidelines state that covered contractors are required to ensure that affected employees are fully vaccinated by December 8, 2021 and that they must ensure compliance with COVID-19 workplace safety requirements in federal workplaces. The guidelines define a “federal workplace” as “any place, site, facility, building, space or facility in which a federal division or executive body carries on official activities or is located within the jurisdiction, custody or control of a department or executive body.” The vaccination requirement applies to employees of the workplaces of covered contractors as well as employees of an insured contractor who work in a federal workplace. Covered contractors must require affected workers to provide or present to their employer one of the following documents as proof of their vaccination status: a copy of a health care provider`s or pharmacy`s vaccination protocol, a copy of the COVID-19 vaccination record (the CDC card), a copy of the medical records documenting the vaccination, a copy of the vaccination records of a state public health or vaccination information system, or a copy of other official documents to verify vaccination with information on the name of the vaccine, the date(s) of administration and the name of the health professional or clinic administering the vaccine. Affected contractors may allow affected contract employees to show or provide their employer with a digital copy of these records, including, for example, a digital photo, a scanned image or a PDF file of such a file. The guidelines make it clear that employees who are sick with COVID-19 cannot escape the vaccination mandate, that is, the “natural immunity” theory that some employees advocate will not work here. In addition, antibody tests are not enough to prove vaccination status. President Biden recently issued an executive order (Executive Order 14042) requiring affected federal contractors to have their employees fully vaccinated against COVID19.
On the 24th. In September 2021, the White House`s Federal Workforce Security Task Force released guidelines explaining vaccination requirements and other COVID-19-related safety measures for prime contractors and contractors under the executive order. The guidelines require “covered contractors” to ensure that “employees of insured contractors” are fully vaccinated, unless the employee is eligible for a religious or medical exemption. A copy of the guidelines can be found here. Federal contractors are individuals or employers who enter into a contract with the United States (any department or agency) to perform specific work, provide labor and materials, or sell products and services. A federal subcontractor is a company that does business with another company that has direct contracts with the federal government. In addition, Stephanie Rawitt, an attorney at Clark Hill in Philadelphia, noted, “Covered contractors and subcontractors must designate one or more individuals to coordinate the implementation and compliance with security protocols.” As noted above, the guideline requires that employees of affected contractors be fully vaccinated by December 8, 2021. After December 8, 2021, all affected employees of the Contractor must be fully vaccinated no later than the first day of a new covered contract or the first day of an option exercised or an extended or renewed covered contract, unless accommodation is available.
October 15, 2021 – For all orders placed before October 15, 2021. The clause must be included when an option is exercised or an extension is made. Between October 15 and November 14, agencies must include the clause in their applications. The government encouraged authorities and contractors to include the clause in contracts requested by October 15, but did not require it. “A covered contractor may be required to accommodate employees of the affected contractor who notify the affected contractor that they cannot wear a mask because of a disability that would include medical conditions or because of a sincere religious belief, practice or conformity. A covered contractor should review and consider the accommodations, if any, that they must provide,” the guide reads. Yes. The guide does not provide exemptions from mandatory vaccination for remote workers. Therefore, an insured contractor must require that employees working from home under covered contracts be vaccinated. However, since employees` homes are not covered workplaces for contractors, these remote workers are not required to meet the additional mask and social distancing requirements when working from home.
The requirements apply to a wide range of employees of contractual partners and subcontractors. Vaccination requirements apply to any employee of a covered business as long as the employee works either (a) in conjunction with a covered contract or (b) at a workplace of a covered contractor (including almost all contractor-controlled sites that are related to a covered contract) on a full-time or part-time basis. Employees who work “in conjunction with” a covered contract include those who perform the tasks necessary for the performance of the covered contract, but who are not directly involved in the performance of the specific work required in the covered contract, such as . B human resources, invoicing and legal review. In addition, the vaccination mandate applies to facilities under contract with the government where contract work is performed. Under these laws, any non-exempt government and subcontract must include equal opportunity in the workplace (EEO) clauses. These clauses specify the non-discrimination and positive action obligations that each contractor or subcontractor accepts as a condition of its contract or subcontract. “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 the workplace of a Covered Contractor”. This includes employees of covered contractors who do not work on or in connection with a covered contract themselves.