President Joe Biden had previously signed executive orders that mandated the COVID-19 vaccine for all federal employees and for companies that have federal contracts with the government.
However, recently, the Biden administration said it will be up to the contractors how they wish to deal with workers who refuse to comply with the president’s order to be fully vaccinated by Dec. 8.
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He said that businesses with more than 100 employees also have to implement vaccine requirements, although for those companies, proof of regular negative COVID-19 tests can be used in lieu of a worker getting inoculated.
“A covered contractor should determine the appropriate means of enforcement with respect to its employee at a covered contractor workplace who refuses to be vaccinated and has not been provided, or does not have a pending request for, an accommodation,” the guidance reads.
“This may include the covered contractor using its usual processes for enforcement of workplace policies, such as those addressed in the contractor’s employee handbook or collective bargaining agreements.”
It continues to note that one model on which contractors can base their noncompliance policies is that of the federal government.
“Guidance for Federal agencies is to utilize an enforcement policy that encourages compliance, including through a limited period of counseling and education, followed by additional disciplinary measures if necessary,” the guidance said, adding that removal of an employee only happens after continued noncompliance.
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Federal contractors will not be forced to provide proof of their companies’ vaccination rates by the Dec. 8 deadline although continued noncompliance with the mandate could result in businesses losing federal contracts.
Eric Hoplin, president and CEO of the National Association of Wholesaler-Distributors, recently warned that if the contractor rules are implemented, thousands of workers will be laid off and the supply chain problems will grow much worse.
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“NAW urges that the Executive Order’s implementation be revised to avoid this calamity and provide alternatives to promote safety, including testing, and consider a short-term delay to provide time to carry out these changes and to avoid further supply chain disruptions in the coming months,” he wrote.
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