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.
Updates from Oregon OSHA
[Nov 18] From Oregon OSHA: On Nov. 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay federal OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on Nov. 5, 2021 (ETS2). The court ordered that federal OSHA “take no steps to implement or enforce” the ETS “until further court order.”
Oregon OSHA is continuing discussions with stakeholders, and at this point, we do not anticipate adopting a rule by Dec. 4, 2021. If the stay remains in place, our timelines will be adjusted accordingly. We will continue to monitor the lawsuit and evaluate our options. Read more
OSHA Vaccine Mandate Update
[Nov 17] From AGC of America: Today, OSHA officially announced via a posting to their website that, “While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation. Yesterday, the US judicial panel on multidistrict litigation randomly selected the US Court of Appeals for the 6th Circuit to consolidate all petitions. In all, there were 34 petitions in 12 different circuits. We have yet to receive information in regards to the next steps in the process.
AGC of America Summary and Explanation of ETS
[Nov 9] The AGC of America has prepared a document that summarizes and explains the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard.
OSHA ETS Released
[Nov 4] The U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) announced an Emergency Temporary Standard (ETS) to minimize the risk of COVID-19 transmission in the workplace.
A fact sheet describing the rule and the ETS and more information is available on OSHA’s website. AGCA will provide more information as it reviews the details of the ETS.
The White House (link) announced that the deadline for direct federal contractors to have their employees fully vaccinated will be same as the new OSHA ETS, January 4, 2022. Previously, the deadline for direct federal contractors was December 8, 2021.
It is important to note that federal contractors will still see the contract clause mandating vaccination in federal solicitations, new contracts, etc., as none of the other dates relevant to federal contractors has changed. As of this e-mail the Safer Federal Workforce Task Force website has not been updated to reflect this extended deadline. However, we expect it to be updated to reflect this announcement from the White House.
The Administration has previously implemented policies requiring millions of federal employees and federal contractors to be fully vaccinated. To make it easy for businesses and workers to comply, the Administration is announcing today that the deadline for workers to receive their shots will be the same for the OSHA rule, the CMS rule, and the previously-announced federal contractor vaccination requirement. Employees falling under the ETS, CMS, or federal contractor rules will need to have their final vaccination dose – either their second dose of Pfizer or Moderna, or single dose of Johnson & Johnson – by January 4, 2022. OSHA is also clarifying that it will not apply its new rule to workplaces covered by either the CMS rule or the federal contractor vaccination requirement. And, both OSHA and CMS are making clear that their new rules preempt any inconsistent state or local laws, including laws that ban or limit an employer’s authority to require vaccination, masks, or testing.
Streamlining Implementation and Setting One Deadline Across Different Vaccination Requirements:
The rules released today ensure employers know which requirements apply to which workplaces. Federal contractors may have some workplaces subject to requirements for federal contractors and other workplaces subject to the newly-released COVID-19 Vaccination and Testing ETS. To make it easy for all employers to comply with the requirements, the deadline for the federal contractor vaccination requirement will be aligned with those for the CMS rule and the ETS. Employees falling under the ETS, CMS, or federal contractor rules will need to have their final vaccination dose – either their second dose of Pfizer or Moderna, or single dose of Johnson & Johnson – by January 4, 2022. This will make it easier for employers to ensure their workforce is vaccinated, safe, and healthy, and ensure that federal contractors implement their requirements on the same timeline as other employers in their industries. And, the newly-released ETS will not be applied to workplaces subject to the federal contractor requirement or CMS rule, so employers will not have to track multiple vaccination requirements for the same employees.
A briefing was held on November 4. Click here to view the COVID-19 Vaccination and Testing Emergency Temporary Standard webinar.
- Fact Sheet: COVID-19 Vaccination and Testing ETS (osha.gov)
- Summary: COVID-19 Vaccination and Testing ETS (osha.gov)
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
- 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.
Washington State Order
Oregon – Education
Oregon – Healthcare
Oregon – State Employees/Public Procurement
Jobsite Safety and Health Guidelines/Human Resources
- DAS compliance forms will be available here shortly
- Exemption forms for Education and Healthcare are available here
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.
Other Information and Resources
- AGC of America Vaccination Q&A
- AGC’s letter to the Oregon Department of Administrative Services
- AGC of America’s COVID-19 Vaccine Toolkit
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