Federal Contractors Subject to Weekly (or Twice Weekly) COVID-19 Testing If Not Fully Vaccinated
On July 29, 2021, President Biden took “New Actions to Get More Americans Vaccinated and Slow the Spread of the Delta Variant.” While a formal Executive Order with additional detail is anticipated, one has not yet been issued. However, the White House did release a Fact Sheet that summarizes President Biden’s actions.
Among the actions President Biden announced are new COVID-19 vaccination requirements for federal employees and federal contractors. Federal government employees and onsite contractors must attest to their vaccination status. If not fully vaccinated (or if someone chooses not to provide an attestation), federal government employees and on-site contractors will be required to wear a mask, physically distance, comply with weekly or twice-weekly testing, and adhere to official travel restrictions due to unvaccinated status. The CDC defines “fully vaccinated” as 2 weeks after the final vaccine dose.
While the Fact Sheet makes clear that the requirements are for onsite contractors, it leaves open the possibility that the requirements could (and some pundits have said will) flow down to off-site contractors, and to all employees of federal contractors, whether working under a specific federal contract or not: “These rules should not only apply to federal workers and onsite contractors. President Biden is directing his team to take steps to apply similar standards to all federal contractors.” Additionally, employers across the private sector will be encouraged to follow suit.
The Biden Administration, through its Safer Federal Workforce Task Force, published Agency Model Safety Principles that guide federal agencies in establishing updated COVID-19 workplace policies in light of President Biden’s announcement. These Model Safety Principles direct federal agencies to, among other things:
· Incorporate the principles into their existing COVID-19 workplace safety plans,
· Address how the protocols are being applied to contractor personnel,
· Ask about the vaccination status of federal employees and onsite contractors, and
o Obtain signed attestation confirmation vaccination status, or
o Treat as not fully vaccinated, and
· Establish a program to test not fully- vaccinated federal employees and onsite contractors weekly or twice-weekly.
The Department of Defense was also directed by President Biden “to look into how and when they will add COVID-19 vaccination to the list of requirement vaccinations for members of the military.”
President Biden also announced that small and medium-sized businesses will now be reimbursed for offering their employees paid leave to get their family members, including their children, vaccinated. The federal government already provides reimbursement to small and medium-sized business that provide their workers with paid time off to get vaccinated.
If you are a federal contractor (prime or subcontractor), be prepared to receive communication(s) from the federal agency(ies) to whom you provide services. Be mindful that any procedures announced by a federal agency could be fluid, as we all await a formal Executive Order from President Biden, with additional details.
Need help? Contact us.
