Backend Category: Safety Excellence Initiative

Pre-Recorded Webinar: COVID-19 Vaccination Requirements on Direct Federal Agency Prime Contracts and Subcontracts

The MCAA along with Lori Ann Lange and Lauren Rayner Davis of Peckar & Abramson, P.C. present a webinar on the recent federal COVID-19 vaccine mandate. The mandate requires covered government contractor and subcontractor employees working on or in connection with a federal government contract or subcontract over $250,000 to be fully vaccinated by December 8, 2021. The webinar addresses key issues regarding the applicability of the vaccine mandate and what contractors and subcontractors need to do to comply.

Topics include:

Applicability of the vaccine mandate to new and existing contracts and subcontracts
Which employees are covered
Medical and religious exemptions and accommodations
Best practices for dealing with government modifications adding the vaccine clauses
Collective bargaining and labor issues concerning requiring employees to be vaccinated

Download Presentation Slides

FAQs

This webinar was recorded on November 10, 2021.

Meet the Speakers:

Lori Ann Lange is a partner and co-chair of Peckar & Abramson’s Government Contracting & Infrastructure Practice, leading the firm’s federal government contracting efforts. She specializes in government contract law, bid protests, and corporate compliance counseling. She represents a range of government contractors, including construction contractors, major defense contractors, informational technology contractors, and service contractors.

Lauren Rayner Davis is an associate in Peckar & Abramson’s Labor and Employment Practice. She represents employers on a wide range of labor and employment issues such as labor contract administration, collective bargaining agreement negotiations, unfair labor practices, discrimination, harassment, terminations, layoffs, reasonable accommodations, investigations, application of state and federal family and medical leave acts, interpretation of wage and hour laws, defense of Employment Practices Liability Insurance (EPLI) and Directors & Officers (D&O) claims, and provides day-to-day advice on related legal issues.

Details about this executive order are available on MCAA’s website.

Note:

Questions have been raised about MCAA’s role in lobbying and litigation challenging the OSHA ETS. MCAA is actively involved in commenting on the proposal both before and after the initial issuance of the ETS and will continue to do so as the regulatory process moves on. Regulatory and judicial developments are much more likely to affect the course of these mandates than any potential Federal legislation – the chances of breaking a partisan political deadlock on this issue is not feasible, in the short term. MCAA is tracking all developments and providing up-to-date information on them to the membership as a whole through webinars with Peckar & Abramson and the MCAA COVID 19 website. As to litigation, MCAA has made the judgment to conserve its resources in this respect given the overall context of the industry challenges raised by the pandemic and the Administration’s response for individual and public health and continued robust economic recovery from the pandemic. MCAA also is tracking and working with the United Association on these issues with respect to the proliferation of both public and private sector vaccination mandates that directly affect our members’ market interests.

Senate Confirms New OSHA Head, Doug Parker

Earlier this week, the Senate confirmed Doug Parker to the lead the Occupational Safety & Health Administration (OSHA). Parker will be the first head of OSHA in almost 5 years. Prior to OSHA, Parker was the Chief at Cal/OSHA, where he administered their COVID-19 emergency temporary standards (ETS) for workplace safety. He is an outspoken advocate for workers’ rights.

MCAA will continue to work closely with OSHA, and we look forward to working with the new assistant secretary. Under the new OSHA administration, we expect to see increased engagement with employers, which highlights the need for all of us to focus on our safety & health programs. This is a great time for members to learn about, and take advantage of MCAA’s safety and health resources, all of which are available to members for free as a benefit of membership.

We’ve congratulated Doug Parker on his confirmation and wished him the best at OSHA.

For additional questions on MCAA’s Safety & Health resources please contact Raffi Elchemmas at raffi@mcaa.org

MCAA22 Reunite: We’re Going to Party Like It’s 1989

Reunite with your MCAA family and dance the night away with the Spazmatics! Come enjoy all the awesome sounds, styles and way cool dance steps from the 1980’s decade we’d love to forget, but are happy to remember. Complete with skinny ties, fashionable hairstyles, and horn-rimmed glasses, the Spazmatics recapture the best of the worst. Outstanding musicianship combined with creative flair and style makes for an evening of pure energy and entertainment. Don’t miss the Spazmatics at MCAA22’s Opening Party on Sunday, March 17th.

Registration is now open. Save your spot today!

LEARN MORE

Resource Highlight: MCAA’s Accident Investigation for the Mechanical Trades Safety Training Video

Each week, MCAA will highlight one or more of the educational resources that are free to MCAA members as a benefit of membership. This week, we focus on MCAA’s Accident Investigation for the Mechanical Trades Safety Training Video. This video provides your supervisors with step-by-step instruction on how to conduct a thorough accident investigation. It also helps them understand why accident investigations are so valuable.

The video outlines the importance of taking action when an accident occurs. This does three things:

Helps prevent other accidents
Shows workers that the company is committed to safety
Saves money

Download the Video

You Might Also Like This Resource

Model Accident/Incident Investigation Program

Have Questions or Need Personal Assistance?

Contact MCAA’s Raffi Elchemmas.

Biden Administration COVID Vaccination Mandates Update

Below are two items relevant to the Biden Administration’s recent COVID vaccination mandates.

The General Services Administration and the Civilian Agency Acquisition Council (CAAC) issued a broad Federal Acquisition Regulation Class Deviation for direct Federal Government Civilian Agency Contracting Officers to implement President Biden’s Executive Order 14042.

The executive order is for direct Federal prime contracts and subcontracts above the Simplified Acquisition (SAT) dollar threshold of $250,000. The CAAC letter reiterates that Federal agencies are required to include the clause – Far Part 52.223-99 Ensuring Adequate COVID-19 Safety Protocols For Federal Contractors, to be included in:

all contracts awarded on or after November 14, 2021 (based on solicitations issued before October 15, 2021) (including new orders issued on or after 10/14 under existing indefinite-delivery contracts based on solicitations issued before October 15^th);
new solicitation issued on or after October 15, 2021, and new contracts (and indefinite delivery pacts) entered into based on those solicitations;
extensions or renewals or options on existing contracts exercised on or after October 15, 2021.

The CAAC Letter also “strongly encourages” (but does not require) Federal agencies to include the COVID-19 vaccination requirement clause in contracts that will be awarded before November 14^th on solicitations issued before October 15^th and to include the requirements on prime and subcontracts under the $250,000 SAT.

The clause itself requires covered prime contractors and subcontractors to comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor and subcontractor workplace locations published by the Safer Federal Workforce Task Force Guidance at https:www.safefederal workforce.gov/contractors/.

The clause incorporates automatic adoption of yet-to-be issued requirements published by the Federal SFW Task Force.

The clause also clarified that the prime contract flow-down of the requirements applies only to subcontracts above the SAT of $250,000, with the caveat of the strong suggestion of broader application noted above.

It remains to be determined what, if any, further guidance may be issued by the full Federal Acquisition Regulatory Council.

CAAC Letter

Frequently Asked Questions About Affordable Care Act Implementation Part 50, Health Insurance Portability and Accountability Act and Coronavirus Aid, Relief and Economic Security Act Implementation. (CCIIO OG MMRD 1808, October 4, 2021) The Department of labor, Health and Human Services Administration and Department of Treasury revised and updated their FAQs on the ACA, HIPAA, and CARES Act implementation guidance to address health plan coverage of COVID vaccination expenses, the permissibility of allowing health plan wellness incentives for vaccinations, and the impermissibility of denying health plan eligibility and coverage to unvaccinated participants.

Revised FAQs Part 50

Don’t Miss the Recently Released MCAA/CNA Microlearning Safety Video Series

MCAA recently announced the launch of the new MCAA/CNA Microlearning Safety Video Series. Together with our partners in safety, CNA, we developed a series of easy-to-watch safety videos that are each under 3-minutes! Please enjoy the four MCAA/CNA Microlearning Safety Videos below.

Resource Highlight: MCAA’s Heavy Equipment Safety Training Video & Materials

Each week, MCAA will highlight one or more of the educational resources that are free to MCAA members as a benefit of membership. This week, we focus on MCAA’s Heavy Equipment Safety Training Video and its materials. This video reminds your workers that awareness is key to accident prevention when they are working around heavy equipment.

The video stresses the importance of:

Being aware at all times
Listening for backup alarms
Knowing what heavy equipment is operating nearby
Making sure equipment operators know where they are
Avoiding positioning themselves in any danger zones
Looking out for their coworkers

The video comes with a pocket guide that highlights key training points, a training documentation sheet, a 20-question multiple choice test, and a test answer key.

Download the Video and Accompanying Materials

Video | Pocket Guide | Documentation Sheet | Test | Answer Key

Have Questions or Need Personal Assistance?

Contact MCAA’s Raffi Elchemmas.

Guardian Issues Immediate Stop Use & Inspect Notice on Select Self-Retracting Lifelines (SRLs)

Guardian has issued a Stop Use & Inspect Notice on a selection of Self-Retracting Lifelines (SRLs). This notice expands the scope of a previous notice (G-S006-A) and communicates immediate stop use and inspect information regarding a selection of Guardian SRLs with a cable lifeline and external energy absorber. In certain circumstances, the product’s energy absorber may not deploy and may cause serious bodily injury or death.

This notice only applies to the following SRL models:

Diablo Cable SRL-LE
Diablo Grande Cable SRL-LE
Diablo Big Block Cable SRL-LE
Velocity Cable SRL-LE
Halo Cable SRL-LE
Halo Big Block Cable SRL-LE
Private label versions of the models listed above

RECALL NOTICE

MCAA MICROLEARNING SAFETY VIDEO: Workplace Violence Protection

MCAA believes the timing is right to release a microlearning safety video on Workplace Violence Protection. This stand-alone microlearning safety video highlights the vital course of action to protect yourself and your co-workers in the event of a workplace violence incident, such as an active shooter.

If you have any microlearning safety video topics that you would like to offer, please reach out to our safety team at raffi@mcaa.org.

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Resource Highlight: MCAA’s Asbestos Awareness for the Mechanical Trades Safety Training Video & Materials

Each week, MCAA will highlight one or more of the educational resources that are free to MCAA members as a benefit of membership. This week, we focus on MCAA’s Asbestos Awareness for the Mechanical Trades Safety Training Video and its materials. This video will teach your workers to protect themselves from the hazards involved in working around microscopic asbestos fibers.

Your workers will learn:

What asbestos is
Where asbestos can be found on the jobsite
What the health hazards of asbestos exposure are
How to identify potential asbestos hazards
How to protect themselves from asbestos hazards

The video comes with a pocket guide that highlights key training points, a training documentation sheet, a 20-question multiple choice test, and a test answer key.

Download the Video and Accompanying Materials

Video | Pocket Guide | Documentation Sheet | Test | Answer Key

Have Questions or Need Personal Assistance?

Contact MCAA’s Raffi Elchemmas.

MCAA/CNA MICROLEARNING SAFETY VIDEO SERIES: Refraining from Distracted Driving

At the beginning of the month, MCAA announced the launch of the NEW MCAA/CNA Microlearning Safety Video Series. Together with our partners in safety, CNA, we developed a series of easy-to-watch safety videos that are under 3-minutes! This week concludes the MCAA/CNA Microlearning Safety Video Series.

Please enjoy our fourth microlearning video on Refraining from Distracted Driving to Help Prevent Motor Vehicle Collisions.

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MCAA’s Safety & Health Initiative Highlights OSHA & CMS Response to the Vaccination Mandates

MCAA’s Safety & Health Initiative explains how the Occupational Safety & Health Administration (OSHA) and the Centers for Medicare & Medicaid Services (CMS) are responding to the new vaccination mandates projected to affect two-thirds of American workers.

Last week the White House announced a national strategy to combat the COVID-19 pandemic. During the speech, President Biden announced two Executive Orders and certain administrative actions that will increase mandates for vaccination in both government and private workplaces. Altogether, the vaccine requirements announced on September 9, 2021, are projected to affect about 100 million Americans, or two-thirds of American workers.

What You Need to Know

Vaccination Requirements for Employers with 100+ Employees – OSHA is developing an Emergency Temporary Standard (ETS) to require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work.
Vaccination Requirements for Federal Employees and Federal Contractors – Directs agencies to implement a program to require COVID-19 vaccination for all Federal employees by November 22, 2021.
Vaccination Requirements for Health Care Facilities – The Centers for Medicare & Medicaid Services (CMS) will require COVID-19 vaccinations for workers in most health care settings.

See the full memo, provided by our consultants at Alston & Bird, for the basic facts and an outline of the Biden Administration Executive Actions last week.

Resource Highlight: MCAA’s More than 300 Mechanical Construction Workers Toolbox Talks

Each week, MCAA will highlight one or more of the educational resources that are free to MCAA members as a benefit of membership. This week, we focus on MCAA’s Mechanical Construction Workers Toolbox Talks. Each of the six volumes in the series includes 52 talks, everything you need for a year of weekly worker safety training without the stress of having to prepare the training from scratch.

Topics covered include:

Hazard communication
Respiratory protection
Hearing conservation
Welding hazards
Vehicle safety and maintenance
First aid and health issues
Materials handling

Additional training topics emphasize the importance of worker safety to help ensure that workers are on the lookout for all potential safety hazards.

Instructions and a worker safety training documentation sheet are included to further simplify the process.

Download the Toolbox Talks

You Might Also Like These Toolbox Safety Talks & Tailgate Safety Talks

Have Questions or Need Personal Assistance?

Contact MCAA’s Raffi Elchemmas.

MCAA/CNA MICROLEARNING SAFETY VIDEO SERIES: Worker Personal Health

Two weeks ago, we announced the launch of the NEW MCAA/CNA Microlearning Safety Video Series. Together with our partners in safety, CNA, we developed a series of easy-to-watch safety videos that are under 3-minutes! We have already seen Safe Lifting Techniques & Proper Material Staging, and next week, we will highlight Distracted Driving.

Please enjoy our third microlearning on Personal Health to Help Prevent Musculoskeletal Injuries.

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Resource Highlight: MCAA’s Scaffold Safety Training Video & Accompanying Materials

Each week, MCAA will highlight one or more of the educational resources that are free to MCAA members as a benefit of membership. This week, we focus on MCAA’s Scaffold Safety Training Video and its materials. This video will teach your workers to protect themselves from the hazards inherent in working at heights on both mobile and stationary frame scaffolding.

Your workers will learn about:

Scaffold setup
Scaffold height and capacity limitations
Safe access
Fall prevention and protection
Safe work practices

The video comes with a pocket guide that highlights key training points, a training documentation sheet, a 20-question multiple choice test, and a test answer key.

Download the Video and Accompanying Materials

Video | Pocket Guide | Documentation Sheet | Test | Answer Key

Have Questions or Need Personal Assistance?

Contact MCAA’s Raffi Elchemmas.

MCAA/CNA MICROLEARNING SAFETY VIDEO SERIES: Proper Material Staging

Last week the MCAA announced the launch of the NEW MCAA/CNA Microlearning Safety Video Series. Together with our partners in safety, CNA, we developed a series of easy-to-watch safety videos that are under 3-minutes! Last week we highlighted Safe Lifting Techniques and each week, for the next three weeks, we will highlight the following videos: Proper Materials Staging, Personal Health, Distracted Driving.

Please enjoy our second microlearning on Proper Material Staging to Help Prevent Musculoskeletal Injuries.

VIEW RESOURCE

MCAA/CNA MICROLEARNING SAFETY VIDEO SERIES: Safe Lifting Technique to Help Prevent Musculoskeletal Injuries

MCAA is pleased to announce the launch of the NEW MCAA/CNA Microlearning Safety Video Series. Together with our partners in safety, CNA, we developed a series of easy-to-watch safety videos that are under 3-minutes long! Each week, for the next four weeks, we will highlight the following videos: 1. Safe Lifting Technique 2. Proper Materials Staging 3. Personal Health 4. Distracted Driving.

Please enjoy our first microlearning video on Safe Lifting Technique to Help Prevent Musculoskeletal Injuries.

VIEW RESOURCE

UPDATED Inspection Section for Aerial Lift Safety Training Video

MCAA has revised the inspection section of the Aerial Lift Safety Training Video to include pre-use inspection testing tilt sensors and pothole protectors on boom and scissors lifts. The video teaches viewers how to protect themselves while working with aerial lifts, including topics such as load capacities, inspection, function testing, what to do in case of a problem, fall prevention & protection, and safe operating procedures.

The revised video comes with a pocket guide that highlights key training points, training documentation sheet, 20-question multiple choice test, and test answer key shown below.

VIDEO

POCKET GUIDE

DOCUMENTATION SHEET

TEST

ANSWER KEY

For coverage of other safety topics critical to our industry, including training videos and materials, visit the Direct Links to MCAA & MSCA Safety Resources page.

Have Questions or Need Personal Assistance?

Contact MCAA’s Raffi Elchemmas

Resource Highlight: MCAA’s Preparing for and Handling OSHA Inspections for Supervisors Video

Each week, MCAA will highlight one or more of the educational resources that are free to MCAA members as a benefit of membership. This week, we focus on MCAA’s Preparing for and Handling OSHA Inspections for Supervisors. Preparedness is key to getting through an OSHA inspection and saving the company time and money. This video will prepare supervisors so they will respond effectively, even during surprise OSHA inspections. This is particularly important now given the current administration’s emphasis on enforcement vs. employer outreach.

Play or Download

You Might Also Like These Resources

MCAA offers seven more training videos specifically for supervisors, in addition to the 30+ worker safety resources available to members. They are:

Find the full range of MCAA safety resources in the Resource Center, where you can use the blue Find A Resource bar to pinpoint exactly what you’re looking for.

Visit the Resource Center

Or visit our Direct Links to MCAA & MSCA Safety Resources page, where they’re listed by category with links.

Go There Now

Have Questions or Need Personal Assistance?

Contact MCAA’s Raffi Elchemmas.

OSHA & CDC Update Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

OSHA recently updated their guidelines on mitigating and preventing the spread of COVID-19 in the workplace, which reflects the July 27, 2021 Centers for Disease Control and Prevention (CDC) mask and testing recommendations for fully vaccinated people.

WHAT YOU NEED TO KNOW:

OSHA & CDC recommend that fully vaccinated workers in areas of substantial or high community transmission wear masks in order to protect unvaccinated workers.

OSHA & CDC recommend that fully vaccinated workers who experience close contact with someone who tests positive for coronavirus, wear a mask for up to 14 days unless they have a negative coronavirus test at least 3-5 days after such contact.

OSHA UPDATE

CDC MASK & TESTING UPDATE