The Safer Federal Workforce Task Force (Task Force) has released a set of new Frequently Asked Questions (FAQs) on the implementation of the COVID-19 vaccine mandate required under President Biden’s Executive Order (E.O.) 14042, which requires “covered contractor employees” to be fully vaccinated by Wednesday, December 8, 2021. Under the terms of the E.O., a covered contractor must comply with guidance issued by the Task Force, including that included within an FAQ.
Notably, the new FAQs clarify that contractors may continue to process religious and disability accommodation requests for covered contractor employees after they begin working on a covered contract or at a covered contractor workplace, and that contractors must work “in good faith” with contracting agencies to come into compliance. The FAQs imply that contractors can avoid contract termination if they are “taking steps to comply.”
While the updated FAQs appear to offer contractors discretion and flexibility as the December 8 compliance deadline approaches, as a practical matter they largely defer implementation and enforcement of the vaccine mandate to individual federal contract agencies. Whether that deferral results in compliance flexibility remains to be seen, and may differ based on the contract or agency in question.
Members of the Center for Workplace Compliance (CWC) can read more here.