Federal Manager's Daily Report

For now, agencies should not take any action to enforce any requirement that contractors comply with COVID-19 safety protocols. Image: Ringo Chiu/Shutterstock.com

The Biden administration has told agencies that it expects to soon issue new guidance on vaccination and other Coronavirus-related policies for their contractors, in light of an upcoming court action.

Policies for contractor employees—including safety practices for those working on-site in federal facilities—parallel in many ways those for federal employees that were issued in companion executive orders in September 2021. Both have been subject to numerous legal challenges resulting in court injunctions.

In the lead case involving federal employees, a nationwide injunction issued early this year remains in effect pending a decision by the full Fifth Circuit appeals court in September heard oral arguments in a challenge to a ruling by a three-judge panel of the court to lift the injunction.

In the lead case involving contractors, the Eleventh Circuit appeals court in August ruled that a lower court’s nationwide injunction should apply instead only to the plaintiffs involved in that case. However, that ruling did not immediately go into effect pending the issuance of a “mandate” by the court. After that happens—potentially as soon as today (October 18)—the Safer Federal Workforce Task Force said it plans to revise its policies, including a new “timeline for implementation by contractors and subcontractors.”

Following that, “OMB will provide guidance to agencies on timing and considerations for the provision of written notice from agencies to contractors regarding enforcement of contract clauses implementing requirements,” it said.

Until then, “OMB advises federal agencies that they should not take any action to enforce any requirement that covered contractors comply with the COVID-19 safety protocols” specified in guidance of last November to carry out the executive order.

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