10 December 2021

U.S. Government Issues Guidance on Federal Contractor Vaccine Mandate Injunction

Yesterday the Office of Management and Budget (OMB) released guidance regarding the federal government’s compliance with the nationwide injunction issued Tuesday by a federal district court in Georgia that stopped enforcement of the federal contractor vaccine mandate.

The OMB guidance, as reported on the Safer Federal Workforce Task Force’s website, confirms that for existing contracts that include a clause implementing the vaccine mandate, federal agencies will take no action to enforce the vaccine mandate clause where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the vaccine mandate.

However, as confirmed by the guidance, the “federal agency COVID-19 workplace safety protocols for Federal buildings and Federally controlled facilities still apply in all locations. Contractor employees working onsite in those buildings and facilities must still follow Federal agency workplace safety protocols when working onsite.”

We will be sure to keep you updated of any relevant developments.  If you have any questions, please contact your Miller Johnson attorney.