As anticipated in our prior alerts, there have been continuing practical and legal challenges to implementing the Path Out of the Pandemic plan. This alert provides an update on the current status of challenges to OSHA’s Emergency Temporary Standard (ETS), Executive Order 14042 for federal contractors, and the Centers for Medicare and Medicaid Services (CMS)
Helping individuals, companies, and organizations understand key legal and practical considerations for promoting compliance and making better business decisions in these types of federal, state, and local government contracting matters MORE
White House Fact Sheet Results in Additional Questions for Government Contractors
By Susan Ebner & Eric Whytsell on
On November 4, 2021, the White House released a fact sheet on the issuance of new OSHA ETS and CMS Rules and also addressed some changes to the previously announced EO 14042 federal contractor vaccination mandate. During last week’s White House press briefing, officials had suggested that the administration might at least delay implementation of…
Mandatory COVID-19 Vaccination Rule for Government Contractors Continues to Develop
We have previously reported on implementation issues arising from President Biden’s Path out of the Pandemic plan, which included issuance of Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors, the related Safer Workforce Task Force Guidance, and Federal Acquisition Regulation (FAR) Class Deviations.
Since our last report, several legal developments warrant…
Update on Vaccine Requirements and Roll Out of the Path out of Pandemic Plan
We have been answering a number of questions from clients regarding the nature and scope of the requirements for COVID vaccination, testing, masking and more. Our previous alert and blogs laid out the administration’s Path out of the Pandemic, the overarching directive outlining the federal government’s vaccination plan across government and industry sectors. This…
Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors – COVID Task Force Guidance Issued and Opportunity to Comment Available
By Susan Ebner on
As reported in an earlier alert and blog, on September 9, 2021, President Biden rolled out his Path Out of the Pandemic plan (the “Plan”) to combat the spread of COVID-19. Two central portions of the Plan include issuance of (1) an instruction to the Department of Labor Occupational Safety and Health Administration (OSHA) to issue a directive that requires companies with 100 or more employees to ensure their workforces are either fully vaccinated or their workers test negative for COVID-19 on a weekly basis before coming to work, and (2) an Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (EO) that requires that covered government contractors and subcontractors at any tier comply with all guidance published by the Safer Federal Workforce Task Force (or the “Task Force”) that is determined to “promote economy and efficiency in Federal contracting” by the Director of the Office of Management and Budget, for those contractor or subcontractor workplace locations where individuals are “working on or in connection with a Federal Government contract or contract-like instrument.”
Continue Reading Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors – COVID Task Force Guidance Issued and Opportunity to Comment Available