Mayor’s Order 2021-099 – COVID-19 Vaccination Certification Requirement for District Authorities Staff, Contractors, Interns, and Grantees

[ad_1]

GOVERNMENT OF THE DISTRICT OF COLUMBIA

ADMINISTRATIVE ISSUANCE SYSTEM

Mayor’s Order 2021-099

August 10, 2021

SUBJECT: COVID-19 Vaccination Certification Requirement for District Authorities Staff, Contractors, Interns, and Grantees

ORIGINATING AGENCY: Workplace of the Mayor

By advantage of the authority vested in me as Mayor of the District of Columbia pursuant to part 422 of the District of Columbia House Rule Act, permitted December 24, 1973, Pub. L. 93-198, 87 Stat. 790, D.C. Official Code § 1-204.22 (2016 Repl.); part 5 of the District of Columbia Public Emergency Act of 1980, efficient March 5, 1981, D.C. Legislation 3-149, D.C. Official Code § 7-2304 (2018 Repl.); part 5 of the District of Columbia Public Emergency Act of 1980, efficient October 17, 2002, D.C. Legislation 14-194, D.C. Official Code § 7-2304 (2018 Repl.); part 1 of An Act To Authorize the Commissioners of the District of Columbia to make rules to stop and management the unfold of communicable and preventable illnesses (“Communicable and Preventable Ailments Act”), permitted August 11, 1939, 53 Stat. 1408, D.C. Official Code §§ 7-131 et seq. (2018 Repl.); and in accordance with the Coronavirus Assist Momentary Modification Act of 2021, efficient June 24, 2021, D.C. Legislation 24-9; 68 DCR 4824; the Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Modification Act of 2021, efficient July 24, 2021, D.C. Act 24-125; any considerably comparable subsequent emergency, momentary, or everlasting laws; and Mayor’s Orders 2020-045, 2020-127, 2021-038, 2021-060, 2021-066, 2021-069, and 2021-097; and any extension of the general public emergency associated to the SARS-CoV-2 pandemic; it’s hereby ORDERED that:

I. BACKGROUND

1. Nearly 18 months after the World Well being Group (“WHO”) declared a pandemic and the Secretary of the U.S. Division of Well being and Human Companies and the Mayor of the District of Columbia declared a public well being emergency for the 2019 novel coronavirus (“SARS-CoV2”), greater than 35.8 million People have been identified with COVID-19 and greater than 616,000 have died from the illness. Regionally, transmission stands at a seven-day common of 14.6 new each day circumstances per 100,000 individuals; complete infections within the District have risen to 51,589; and tragically, 1,149 District residents have misplaced their lives resulting from COVID-19. The District’s new each day case fee has risen from 2.0 to over 14 within the final month.

2. Efficient vaccines can be found beneath emergency use authorizations (“EUAs”) from the Meals and Drug Administration (“FDA”) issued pursuant to Part 564 of the Federal Meals, Drug, and Beauty Act, permitted November 24, 2003, 117 Stat. 1684, 21 U.S.C § 360bbb-3.

3. Residents, staff, and guests have a private obligation to be vaccinated as quickly as attainable and to abide by the District of Columbia Division of Well being (“DC Well being”) steerage on masks carrying, hygiene, and different such steerage to guard themselves and others.

4. When vaccines turned out there, the District initiated an aggressive marketing campaign to get residents and workers vaccinated, a marketing campaign which stays underway. Vaccination stays a very powerful instrument in preventing the unfold of COVID-19.

5. All through the COVID-19 pandemic, virtually 40% of District authorities workers have labored in-person on a full-time foundation. Furthermore, all District authorities workers had been required to return to the office beginning on July 12, 2021, and since that point, 76% of District authorities workers have labored in-person on a full-time foundation and 22% of District workers have labored in-person on a part-time foundation.

6. Now that secure and efficient vaccines are extensively out there, it’s critical that District workers, contractors, interns, and grantees beneath the executive management of the Mayor be vaccinated towards COVID-19 or bear common testing for COVID-19, to assist make sure the efficient and environment friendly operation of the District authorities and for their very own security, the protection of their colleagues, and the protection of these they serve.

II. COVID-19 VACCINATION CERTIFICATION REQUIREMENT FOR DISTRICT EMPLOYEES AND INTERNS

Efficient September 19, 2021, in furtherance of presidency effectivity and effectiveness and as a part of inner safety protocols, workers and interns of District of Columbia businesses beneath the executive management of the Mayor shall attest, and supply proof as outlined by the District of Columbia Division of Human Assets (“DCHR”), that they’ve obtained a full course of a vaccination towards COVID-19 granted an emergency use authorization or permitted by the FDA or WHO, in accordance with the administration schedule for the vaccine, or that they’ve been granted an exemption from such vaccination pursuant to, and are compliant with the necessities of, Part III of this Order.

III. EXEMPTIONS

1. The next workers and interns shall not be required to certify that they’ve obtained a vaccination towards COVID-19 supplied, that the worker or intern has submitted a request for an exemption, the worker or intern has supplied such data and paperwork as could also be deemed essential to help the request, and the request has been permitted:

a. Staff and interns who object in good religion and in writing, pursuant to procedures established by the Metropolis Administrator or his or her designee, that the worker’s or intern’s vaccination would violate their sincerely held non secular beliefs;

b. Staff and interns who’ve obtained and submitted written certification from a doctor or different licensed well being skilled who could order an immunization, that being vaccinated for COVID-19 is medically inadvisable on account of the worker’s or intern’s medical situation; and

c. Staff and interns who comply with be examined weekly for COVID-19.

2. All workers and interns who’ve utilized for and obtained any exemption pursuant to the processes established by the Metropolis Administrator or his designee shall be required to put on a masks within the office (even when the present indoor masking order is rescinded/outmoded), to be examined weekly for COVID-19, and to offer a destructive COVID-19 check consequence on a weekly foundation so as to report back to work.

IV. VACCINATION CERTIFICATION REQUIREMENT FOR DISTRICT CONTRACTORS AND GRANTEES

1. All District authorities contractors and grantees shall make sure that every of their workers, brokers, and subcontractors who present items or carry out providers in individual in District of Columbia services or worksites, or who’ve in-person contact with different individuals so as to full their work beneath the contract or grant have been both: (i) totally vaccinated towards COVID-19, or (ii) granted one of many exemptions recognized in Part III of this Order by the contractor or grantee, are present process weekly COVID-19 testing and solely reporting to the office when such check result’s destructive, and are carrying masks whereas working.

2. The Workplace of Contracting and Procurement (“OCP”), every District authorities company beneath the executive management of the Mayor with procurement authority impartial of the Chief Procurement Officer, and every grant-making company could difficulty change orders, enter into amendments to grant agreements or grant award notifications, and embody phrases in new contracts, grant agreements, or grant award notifications that embody the requirement set forth in paragraph 1 of this part.

3. Contractors and grantees shall be accountable for making certain compliance with this Order by their workers, brokers, and subcontractors, and failure to take action could lead to antagonistic penalties. Every District authorities contractor and grantee shall, on the request of the District authorities, present to the District authorities a certification of its compliance with this requirement.

4. Nothing on this Order shall be deemed to stop contractors or grantees from imposing stronger vaccination necessities on their workers, brokers, or subcontractors, topic to relevant federal and native legal guidelines and rules.

V. IMPLEMENTATION OF VACCINATION CERTIFICATION REQUIREMENT

1. The Metropolis Administrator, or his or her designee, could set up vaccination certification processes for District workers, contractors, interns, and grantees.

2. Staff and interns shall be granted administrative go away, with out lack of pay, accrued go away, service, or efficiency score, as wanted to obtain a COVID-19 vaccine and will use accrued sick go away to get better from any uncomfortable side effects of the vaccine. Staff present process weekly COVID-19 testing in in accordance with an exemption granted pursuant to Part III of this Order shall be topic to necessities to obtain such exams as established by DCHR.

3. Staff and interns who don’t well timed return an appropriately accomplished vaccination certification, exemption documentation, and/or COVID-19 check consequence shall be topic to antagonistic employment actions.

4. Staff, contractors, interns, or grantees could also be required to show additional proof of vaccination, exemption documentation, and/or COVID-19 check outcomes upon request of the Metropolis Administrator, DCHR, the related company’s human assets workplace, OCP, the related company’s contracting workplace, or different investigative authorities designated by OCA, DCHR, or OCP.

5. In finishing up this Order, the Metropolis Administrator, or his or her designee, could (and, as relevant, is delegated authority to):

a. Present discover to workers, contractors, interns, and grantees of the vaccination certification requirement and see of the exemptions from the vaccination certification requirement;

b. Develop a vaccination certification kind for workers and interns to attest to their vaccination standing, or to attest that they’ve been granted an exception from vaccination, and to affirm the reality of their representations beneath penalty of perjury;

c. Create kinds for workers and interns to request an exemption licensed by Part III of this Order;

d. Develop methods for granting everlasting or momentary exemptions;

e. Modify the vaccination certification requirement to require certification of booster photographs if booster photographs grow to be advisable;

f. Set up procedures, when important operations could be in danger resulting from an worker’s absence from work, whereby an company could grant exceptions on a day-by-day foundation and order a return to work however an antagonistic employment motion that will in any other case apply to an worker or however an affordable lodging supplied to an worker who was granted an exemption from the vaccination requirement;

g. Authorize businesses, if operational wants so require, to rent totally vaccinated momentary staff to fill positions rendered unstaffed by individuals who’re absent resulting from antagonistic employment actions or affordable lodging ensuing from the vaccination certification requirement;

h. Authorize businesses to disclaim go away to completely vaccinated individuals so as to obtain secure staffing ranges ought to operational wants be compromised by individuals who’re absent resulting from antagonistic employment actions or affordable lodging ensuing from the vaccination certification requirement;

i. Approve, as required by legislation, impartial company requests to delegate restricted personnel authority to DCHR for the needs of building and administering a COVID-19 vaccination certification and testing requirement; and

j. Take such different actions as could also be vital or applicable to effectuate this Order.

VI. APPLICABILITY TO INDEPENDENT AGENCIES

Impartial businesses are strongly inspired to undertake the vaccination certification necessities for his or her respective workforces or request approval to delegate restricted personnel authority to DCHR for the needs of building and administering a vaccine certification requirement.

VII. PRIVACY

Accomplished vaccination certification kinds and exemption requests shall be handled as personal information exempt from disclosure beneath part 204(a)(2) of the Freedom of Data Act of 1976, efficient March 29, 1977, D.C. Legislation 1-96; D.C. Official Code § 2-534(a)(2); nevertheless, the knowledge included on these kinds and requests could also be used internally for verification, staffing, payroll, and assignments, and as another operational wants could require, per native and federal legal guidelines and rules.

VIII. LIMITATIONS

1. This Order doesn’t vest any rights in constituents to have authorities providers delivered by totally vaccinated workers, contractors, interns, or grantees, nor does it vest any rights in workers, contractors, interns, or grantees to work together solely with totally vaccinated colleagues. Staff, contractors, interns, grantees, colleagues, and constituents should not entitled to know whether or not somebody is at work as a result of they’ve licensed that they’ve been totally vaccinated or as a result of they’ve obtained an exemption from the vaccination requirement imposed by this Order.

2. Although vaccines play a important function in decreasing the unfold of COVID-19, receiving a vaccine doesn’t alleviate the necessity to train such different mitigation practices as could also be required by one other Mayor’s Order or by DC Well being rules or steerage.

IX. EFFECTIVE DATE AND DURATION

This Order shall be efficient instantly and shall proceed in impact till it’s modified, rescinded, or outmoded.

MURIEL BOWSER

MAYOR

 

[ad_2]

Supply hyperlink