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The Latest on Federal Vaccination Requirements in the Workplace: OSHA’s Emergency Temporary Standard (ETS) & E.O. 14042 - Shared screen with speaker view
Dan Hilton
Slides will be shared following this session.
Jon Howaniec
Under the OSHA ETS, if an employer chooses to allow the testing option, does the employer need to pay for the test if the employee objects to vaccination under either ADA or Title VII (religious objection)?
Janine White
If an employee submits an exemption request, and the employer approves the request, are they required to get tested, or does the exemption also waive the testing requirement?
Penny Wizer
If you apply the federal contractor mandate only to specific offices - what restrictions must be in place for employees from non-covered workplaces visiting a covered workplace?
Dan Larson
Does the entire office have to be vaccinated or just those working on a covered contract?
Joe Lavertue
If an employee opts to test weekly and wear a mask, are they required to wear a mask at all times in the workplace or are they able to be maskless at their desk?
Are firms under 100 employees presently exempt from this?
David Booth
If a worker is 100% remote and not working on a covered contract, does the mandate still apply?
Brian Thompson
From "Safer Federal Workforce Task ForceCOVID-19 Workplace Safety: Guidance for Federal Contractors and SubcontractorsIssued September 24, 2021" I understand any employee, even if they don't work on that contract and work from home 100% of the time, they are still subject to the mandate. Has that rule changed? (I understand from Q16 of that document that the rules can change after the contractor agrees to be bound by the rules).
Janice Gary
If I have an employee working on a federal contract and not vaccinated - I know they can't work on the federal contract but may have other work that person can do. Can we let this person work from another office not considered covered or telework.
Steven Elias
How does a non-law voted on by elected representatives (executive order) supersede a State law?
Alicia Rudolph
You mentioned affiliated firms that are co-located fall under the same requirements. Our office is in a multi-tenant building with shared restroom facilities and elevators. Would those "co-located" rules apply to all tenants in an office building even if we are not affiliated?
Joe Darmody
Can contractors send blanket "notices" to subcontractors stating that the Federal mandate FAR requirements apply to "all" contracts with this contractor. It is our understanding that a bilateral amendment to an agreement is required for these regulations to be applicable to a subcontractor.
Are DOT or airport contracts covered?
ETS is being challenged in courts. Is EO 14042 also, or is this a DONE DEAL?
Brian Thompson
I am confused. Lindsay and Jessica statements regarding working from home or "relocation of resources" are inconsistent with the plain language in "Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors and SubcontractorsIssued September 24, 2021"
I see this is being recorded. It's a lot of good information. Will participants receive a copy of the recording?
Dan Hilton
yes and the slides
Letha Ebelt
For the fed contractor EO, if you get a contract that has the clause after 1/18/22, how long do you have to come in compliance with the mandatory vaccine?
If unvaccinated and masked, do employees have to wear masks all day, or just when in common areas?
Rhandi Gallegos, AEI
Does the company get reimbursed for the paid time off to get vaccinated and recover?
Rebecca Fink
Will the EO be attached to federal funding going to states or municipalities?
Rebecca Fink
What if a employee refuses to disclose vaccination status?
Dawn Moore, Parkhill
If we are a federal contractor with over 100 employees, are we required to test for those with an exemption? Basically, are we required to comply with the EO & the ETS?
Doug Tebera - HENRY ADAMS
Religious accommodation appears extremely difficult to scrutinize. What's the bar for acceptance or denial should the request be accompanied by a supporting letter from a pastor, priest, etc.?
Abbey Varga
Does the 5th Circuit stay only apply to the 5th circuit - or did it result in a national stay? Any sense of the likelihood of the timing/finality after the MDL circuit is selected to address the matter?
Andrea Donahue
Would employers be required to pay the employee for their time to get tested under the ETS?
Tammy Forney
I'm confused by something you said. If Denver has employees who both work on a federal contract and some who do not, can the employees who do not work on the federal contract work from home and then not be required to get vaccinated?
Steven Elias
If a state opts out of the optional OSHA work safety program (like FL is holding an emergency Legislative session next week), will any of this apply?
policy is vaccine OR testing, then why would we have to review a medical or religious exemption request for vaccine if testing is an option?
Janine White
Can vaccinated employees go without wearing a mask under the OSHA ETS?
Bonnie Barcellos
What do you recommend firms do that are eligible for both the federal contract mandate and the OSHA ETS?
Will an employer be liable for adverse effects?
Stephanie Gerbracht
• Federal contractors and certain healthcare entities are excluded from the OSHA rule as they fall under other federal mandates
Brian David
Are you going to answer the rest of the questions on the slide?
Bonnie Barcellos
Does either mandate have a draft policy available for firms to use?
if we are complying with the EO but have non-covered employees, do the non-covered now have to follow ETS?
Colleen Neidert
We will be under the EO. Does that mean we don't have to comply with anything under the ETS, such as OSHA recording of COVID illness?
Rhandi Gallegos, AEI
Does the 100 person threshold apply at the time the ETS came out or at the time of implementation? i.e. if a company has 105 employees on November 4 but lose 10 people by January - does the ETS apply?
Kelvin Lafond
Can employees with approved accommodations work on a federal contract?
Camie Vasques
if the EO applies to only some of our projects/employees , do I need to apply the ETS to the rest of my staff?
Joe Darmody
The definition of de minimis time spent indoors is likely purposefully vague when describing “outdoor workers” in the OSHA ETS. Is there any more information on what truly constitutes an outdoor worker? 15 minutes a day indoors for example?
Mary Kozicki LaFontaine
When will these slides and the recording be made available to us?
Janice Gary
If we signed a contract already to be in compliance as of 12/8/21 - do that date still stand for the EO or the revised January date.
Janine White
Will we be sent a compiled text of the Q&A?
Can we require proof of vaccination now in anticipation that the ETS will go through?
Teri Askew Converse Consultants
What if employees are based in different states and one state is much more lenient and does not require testing if 75% of employees are vaccinated... Can the company still require testing of unvaxd employees in that state?
Echoing headcount fluctuations ...
We are on the cusp of 100 and have some fluctuations.
What kind of accomodation would be suitable for someone who received a religious accomodation and works solely on a federal contract?
for the 4 hours of PTO for each primary vax dose, is this their accrued PTO or would it be a separate paid time?
Brian Thompson
@ChristinaHamill: "If the agency that is the party to the covered contract is a “joint employer” for purposes of compliance with the Rehabilitation Act and Title VII of the Civil Rights Act, both the agency and the covered contractor should review and consider what, if any, accommodation they must offer." (from Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors Issued September 24, 2021)
Sarah Schmidt
Would we be obligated to require cleaning staff of an outside company or general contractors who might be hired to perform work in the building of an employer who meeting either ETS or EO requirements?
Kristy Allen
Compliance will be required for individuals offered and accepted employment in early 2022. Any best practice how to contact those people, not employees yet, but scheduled to start in January? Can we request a vaccine card prior to employment in their onboarding process?
April Romero
Will get can a copy of the recording of this webinar?
Katharine Mottley
All attendees will receive a copy of the slides and the recording of the webinar.
Dan Larson
Do employers have to track the employees who have had COVID-19 and are within their 90 day window of not needing a vaccination?
Brian Thompson
@Sarah Schmidt: "Covered contractor – means a prime contractor or subcontractor at any tier who is party to a covered contract." BUT be aware ANY rule can change tomorrow: "Covered contractors are required to, for the duration of the contract, comply with all Task Force Guidance for contractor or subcontractor workplace locations, including any new Guidance"! (ref. FAR 52.223-99)
Natallia Kavaleuskaya
How employer should pay if employee experience a side effect from vaccination and require time to recover? If company doesn't have sick leave time?
Sarah Schmidt
@Brian Thompson: Thank you!
Marc Preim
Who is liable for potential adverse affects from vaccine?
Marc Preim
such as Myocarditis
Andrea Donahue
What about paying employees to be tested? Is that a requirement?
Shaunna Romero
We fall under the Federal Contractor mandates. Are we still required to provide for this paid leave under the ETS?
Doug Tebera - HENRY ADAMS
Given the landmines to questioning religious accommodation, what's the downside to generally accepting all,but the most ridiculous, requests.
Alison Hunt
I have to sign off now, but thank you so much. I look forward to getting the slides and the recording.
Teri Askew Converse Consultants
So an unvaxd employee with a medical exemption can attend an event with 103 people, where no testing or masks are required, but cannot go into their employer's office without a test? is that correct?
Brian David
I thought I read that the mandate covered only employees that were in the office at least once every 7 days? There was something about every 7 days.....
Given the mandate, is it OK to make hiring decisions based on vaccination status? Can you ask in an interview or job application?
Shaunna Romero
The Federal Contractor mandate is applicable to us as the employer. Does the ETS requirement for employers to implement up to 4 hours PTO to get a vaccine or for effects from the vaccine apply to us?
Does the person who proctors the rapid test need to be a medical professional, or can they be a employee (HR rep, Receptionist, etc.)
John Peabody
It seems like the interactive accommodation process couild improve safety to the point where a case coiuld be made that the mandate is unnecessary, and therefore open it up to further legal challenge. Comments?
Rick Door J-U-B Engineers, Kennewick
Is an employee REQUIRED to provide documentation from a health care provider for a Medical Exemption.
I believe Arkansas law requires any testing required for employment be paid by employer. Does the ETS address who pays for testing?
Rebecca Fink
One more try for this question: will the EO trickle down to states, municipalities and therefor their contractors?
Abbey Varga
If there are no tests available due to market shortage, what steps can e'ers take to comply with the ETS?
Rebecca Fink
Thank you so much for having this. It was very helpful.
Camie Vasques
if the EO applies to some of my employees/projects but not all.... do I have to apply the OSHA ETS to the remaining staff?
Colleen Neidert
Do ERs under the EO14042, who don't have to comply with the ETS, have to record C-19 cases on the OSHA 300A log as required under the ETS?
Natallia Kavaleuskaya
May the employer be require to pay sick leave under State Law to recover from side effect after vaccination?
Brian David
how often will testing be required for those that are not vaccinated?
If we are a covered contractor, and the ETS also applies to us, we must follow both, correct?
Michelle Rhodes
thank you so much for this information
Sarah Schmidt
Thank you so much!