Backend Category: Coronavirus
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.
President Biden’s speech detailing a national strategy to combat the COVID-19 pandemic introduced two executive orders and certain administrative actions that will increase mandates for vaccination in both government and private workplaces. Alston & Bird summarizes these measures and provides links to additional resources.
The Biden Administration’s Executive Order Ensuring Adequate COVID Safety Protocols for Federal Contractors, Executive Order 14042 issued September 9, 2021, applies to direct Federal prime contracts above $250,000 and all lower tier subcontracts for work performed at the project site and facilities where work is performed pertaining to covered prime contracts and subcontracts. It does not apply to Federally assisted contracts or suppliers on covered prime contracts. The EO pertains to both prime and subcontractors, irrespective of total employment, while the other Biden Administration EO on vaccination applies to all employers (Federal contractors or subcontractors or otherwise) who employ 100 or more workers. MCAA will keep you apprised on regulatory developments along this ambitious and unique regulatory schedule.
The primary elements of the Executive Order are:
- It is based on the President’s authority on the Federal Property and Administrative Services Act to promote economy and efficiency in government contracting.
- It provides that all prime contractors and lower tier subcontractors shall incorporate contract provisions that comply with the [yet to be developed] guidance to be published by the Safer Federal Workforce Task Force that are subsequently ratified by the Office of Management and Budget (OMB).
- It sets a target of September 24, 2021 for the Task Force’s initial guidance, and then calls for OMB ratification and publication of same in the Federal Register.
- After that, the Federal Acquisition Regulatory Council is tasked with amending the Federal Acquisition contract provision in line with the approved guidance by October 8, 2021, for inclusion in contract actions (new contracts, and existing contract extensions) above the $250,000 FAR Simplified Acquisition threshold by October 15, 2021.
MCAA President Armand Kilijian and UA General President Mark McManus issued a message highlighting the importance of the COVID vaccine to protect not only ourselves and our families, but our jobsites, our fellow members and contractors, and our end users.
