Vaccine Regulations for Federal Contractors Released

By now, you’ve heard about the Biden Administration’s proposed COVID vaccine plan for private businesses. While we still don’t know what will be included in that guidance, we may be able to glean the Administration’s intent by reading the guidelines that were released for federal contractors. 

*Note: Many businesses have been focused on the potential 100+ employee requirement, but the new federal contractor rules (and the applicability to sub-contractors) means even small businesses need to pay attention to these regulations.*

So, what did OSHA do for federal contractors?

• Any employee who provides services under a federal contract as a prime or sub-contractor (at any level) must be fully vaccinated by December 8^th.
• There appears to be no opt-out for continuous testing – only accommodations based on the Americans with Disabilities Act or deeply held religious beliefs.
• Even employees who are working at the same time at the same location who may interact with employees working on a federal contract will also have to be vaccinated – even if they only interact in lobbies, meeting rooms, parking garages, elevators, and break rooms, for example.
• It applies to workers who are working from home.
• Employees not directly working on a federal contract, but providing support services (HR, IT, accounting, facilities, etc.) will also have to comply.
• Employees must also wear masks indoors if community spread is considered to be high – whether you are vaccinated or unvaccinated. (This would currently apply to all SC counties.)
• Employers are required to hold proof of vaccination status. Digital copies of vaccination cards or medical records are acceptable.

Since few of our Chamber members are probably federal contractors, we won’t get into the nitty-gritty of the regulations here, but we present this as information to keep you informed as these regulations are released. 

Stay tuned for further updates, and be sure to check out the Greenville Chamber’s Community Matters session with Ashley Cuttino, shareholder at Ogletree Deakins, and co-chair of the firm’s COVID-19 litigation practice. As always, we encourage you to contact your attorneys or a labor lawyer to discuss and confirm the applicability to your business.

We encourage all of our members to keep an eye on this as it unfolds in the next several weeks.