White House issues new COVID vaccine rules for federal contractors, subcontractors

On September 24, 2021, the White House’s Safer Federal Workforce Task Force released new guidance on COVID-19 workplace safety protocols for federal contractors and subcontractors. The guidance accords with President Joe Biden’s September 9 Executive Order, which applies to most (but not all) federal contractors and subcontractors with new contracts, new solicitations, and extensions or renewals of existing contracts entered into on or after October 15 for the provision of services, construction, concessions, and work on federal lands for executive branch agencies. Let’s take a closer look at who is considered a covered contractor and the safety protocols to which they must conform.

Who is covered

A covered contractor is a prime contractor or subcontractor at any tier who is a party to a covered contract. Covered contractor employees are full- and part-time employees of a covered contractor working on or in connection with a covered contract or at a covered workplace.

Covered workplaces are defined as locations controlled by a covered contractor where a covered contractor employee is working or likely to be present. The workplaces include federal sites, buildings, and rooms where the federal agency conducts business or that are in its custody or control. The guidance is very broad and covers all floors, buildings, sites, facilities, or any other areas controlled by a covered contractor, even if the employee will be present in only one of the separate areas during the performance of the covered contract.