Mandated Vaccination Resources & Information

Mandated Vaccinations in Response to COVID-19

 

The state of Oregon has recently issued guidance related to mandated vaccinations that may affect contractors working on public projects.

This web page is intended to provide information in response to questions that may be asked about this new guidance. Contractors are facing a fluid and rapidly changing situation as the pandemic enters its second year. This has led to a large number of rapidly spreading and often erroneous rumors and misinformation. AGC will make every effort to clarify the record and provide our members with the best information available so that contractors can make the best decisions possible for themselves, their employees, and their businesses.

If there is information you are seeking or questions you have that are not addressed in here, please contact us, and we will update this information as it becomes available and confirmed. We encourage you to check back regularly as information has been changing rapidly.


Executive Orders

Contact: John Rakowitz or Kirsten Adams

Below are summaries of the orders and FAQs. The documents themselves are linked under the resources section.

  • Oregon – State Employees/Public Procurement
    • It does not apply if: the site is wholly operated by the contractor and not the Executive Branch worksite (e.g., vacant buildings or self-contained spaces), or if the work takes place in unoccupied Executive Branch worksite space (e.g., mechanical rooms) and the Worker doesn’t interact with the occupied portion of the building for more than 15 minutes.
    • It does apply if: work is performed within an occupied portion of an Executive Branch worksite and the work takes longer than 15 minutes.
    • Contractors are responsible for ensuring compliance with their subcontractors, by collecting an “Executive Order 21-29 Vaccination Compliance form” from each subcontractor
    • “What happens if a contractor is unable to supply any Workers that are in compliance with the EO?” The EO provides authority for agency heads to approve the use of unvaccinated Workers if the work is urgent. This approval must be in writing. Contractors should work with the agency Contract Administrator if such an exception is needed. The Contract Administrator would facilitate requesting approval from the applicable agency head.
  • Oregon – Education
    • This rule applies to anyone who provides goods and services to schools (including overnight contractors), unless they are a short-term visitor or a delivery person.
    • Boosters not required, at this point
    • Schools are responsible for keeping track of the vaccination information, and will be required to provide it to OHA if asked.
  • Oregon – Healthcare
    • No specific mention of contractors
  • Washington State Order
    • Included:
      • State Agencies: all contractors working on-site of executive cabinet agencies of the state of WA if the work is required to be performed in-person and on-site, regardless of frequency, whether other workers are present or any contingent nature of that requirement, including indoor or outdoor worksites.
      • Medical facilities: work performed at a “healthcare setting” where patients are receiving care are present.
      • Educational setting: in places where students or people receiving services are present.
    • Not Included:
      • Workers who are present at a site for only a short period of time and have a fleeting physical presence with others (like contractors delivering supplies by truck to a construction site where they remain physically distanced from others on the site)
      • Receipt of funds distributed by an executive cabinet state agency, but where work is performed at a different physical location.
      • Work performed at a healthcare setting removed from patient care access.
      • Work performed at a school or institution of higher education in a location removed from student instruction or services.

Resources

 

 

 


Jobsite Safety and Health Guidelines/Human Resources

  • DAS compliance forms will be available here shortly
  • Exemption forms for Education and Healthcare are available here

Labor Issues

Contact: Bob Timmons

Q: As a union contractor am I obligated to bargaining the “impacts” of the vaccine executive orders in the respective states I work in?

A: Yes. The Union Contractor Group (UCG) of AGC Oregon continues to work closely with legal counsel regarding all potential requirements to bargain the impacts of any potential mandates which would be subject to mandatory bargaining. All five crafts AGC bargains with have sent their notices to bargain as of September 2, 2021. If you elect to not have AGC bargain for you, this does not relieve you of your duty to meet with the respective union trade leaders on your own.

Q: Can an owner or general contractor require proof of vaccination for my employees on jobsites where the executive order applies?

A: Yes. We encourage all contractors to use the utmost discretion when inquiring if employees or sub-contractors who enter your worksites have been vaccinated or are claiming one of the two approved exemptions. Personal privacy regarding these matters is paramount and should be handled with discretion.

Q: Does a signed MOU with any union trade provide any exemption from the executive orders in the states I work in?

A: No. The Employer/Association is required to meet and bargain the impact of the new order(s) and find the best and most amicable working rules while adhering to the local, state, and federal mandates.


Additional Resources

 

AGC of America COVID-19 Vaccine Toolkit

The Centers for Disease Control and Prevention (CDC) recommends that all workers in the United States (U.S.) get vaccinated against COVID-19, as soon as they are eligible, to end the pandemic and help Americans return to their normal lives. AGCA supports the CDC’s vaccination efforts and encourages members to share important information with their staff, trade contractors, partners, and subcontractors about the benefits of vaccination and encourage them to register to get the COVID-19 vaccine. View the toolkit