President Biden announces federal vaccine mandate, employers respond

On July 29, 2021, President Joe Biden, in response to the delta surge and flagging vaccination rates in the United States, announced he would be requiring every federal government employee and on-site federal contractor employee to attest to their vaccination status. He indicated he plans to extend these requirements to all federal contractors. The president's fact sheet also encouraged private employers to incentivize vaccinations.

The fact sheet outlined that all federal employees and on-site federal contractor employees must attest they are fully vaccinated and wear a mask indoors if working in a location that has high or substantial transmission rates, in accordance with Centers for Disease Control and Prevention (CDC) guidance, but they will not be subject to any restriction on official travel. However, employees who are not fully vaccinated or are unwilling to attest to their vaccination status will be subject to weekly or biweekly COVID-19 tests, must wear masks and socially distance, and will be subject to restrictions on official travel.

Fact sheet raises questions for contractors

For federal contractors with employees located on federal government sites, the fact sheet raises many questions. Although it directs the various federal agencies to implement policies and procedures, including health checks, symptom monitoring, and COVID-19 testing, it does not provide any guidance to federal agencies. So a federal contractor with employees at different agencies' sites may be required to comply with different requirements.