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Two years into the global pandemic, businesses face ongoing challenges and uncertainty brought on by COVID-19. Supply chains are impacted. Workforce issues confront employers of all sizes. And vaccine mandates threaten to intrude on daily operations. As mandates make their way through the courts, companies are in limbo as they seek to navigate the maze of rules and regulations across the country and at every level of government. With that in mind, ATSSA assembled key documents and resources to assist members. Two years into the global pandemic, businesses face ongoing challenges and uncertainty brought on by COVID-19. Supply chains are impacted. Workforce issues confront employers of all sizes. And vaccine mandates threaten to intrude on daily operations. As mandates make their way through the courts, companies are in limbo as they seek to navigate the maze of rules and regulations across the country and at every level of government. With that in mind, ATSSA assembled key documents and resources to assist members. This information is broken into four sections: Key federal documents Monitoring legal challenges State and local government actions Resources for updates.   KEY FEDERAL DOCUMENTS Executive Order 14042, Sept. 9, 2021 – “Ensuring adequate COVID safety protocols for federal contractors” President Joe Biden’s executive order lays the groundwork for the federal vaccine mandate for federal contractors. It does not, however, spell out the requirements.  It tasks the Safer Federal Workforce Task Force with that duty. See the next document. Safer Federal Workforce Document – COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors. Updated Nov. 11, 2021. This details the vaccine mandate for federal contractors including masking and physical distancing requirements. It defines terms such as “contractor or subcontractor location,” “covered contactor” and “fully vaccinated.” This document gives the original Jan. 18, 2022 deadline for compliance and notes the possible exceptions under which an employee might continue working if not vaccinated medical condition or “sincerely held religious belief, practice, or observance”. “COVID-19 Vaccination and Testing; Emergency Temporary Standard,” Occupational and Safety Health Administration OSHA, Nov. 5, 2021. This document, referred to as the ETS, applies to employers with 100 or more employees companywide. It states that “covered employers must develop, implement and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to choose to either be vaccinated or undergo regular COVID-19 testing and wear a face covering at work.” It also requires employers to: Determine the vaccination status of each employee, obtain acceptable proof of vaccination status from vaccinated employees and maintain records and a roster of each employee's vaccination status. Require employees to provide prompt notice when they test positive for COVID-19 or receive a COVID-19 diagnosis. Employers must then remove the employee from the workplace, regardless of vaccination status; employers must not allow them to return to work until they meet required criteria. Ensure each worker who is not fully vaccinated is tested for COVID-19 at least weekly if the worker is in the workplace at least once a week or within 7 days before returning to work if the worker is away from the workplace for a week or longer. Ensure that, in most circumstances, each employee who has not been fully vaccinated wears a face covering when indoors or when occupying a vehicle with another person for work purposes.   MONITORING LEGAL CHALLENGES With so many states challenging the federal vaccine mandate, it’s tough to stay updated on its status. ATSSA’s Roadway Safety News Break, a newsletter for members that includes informaion from across the country, and the ATSSA Blog will provide updates as news develops. In addition, the team at KelleyDrye, a New York-based firm with many specialties, is monitoring legal developments and offering periodic COVID-19 updates. Its Tuesday post provided a full rundown of the states that have filed legal challenges and the status of actions in federal court. As reported in ATSSA’s Dec. 9 News Break, the Senate approved a resolution rejecting the Biden administration requirement for businesses with 100 or more employees to require vaccinations or weekly testing. The same issue of News Break also included the halting of the federal contractor vaccine mandate, following a Dec. 7 ruling by a U.S. District Court judge in Georgia. STATE AND LOCAL GOVERNMENT ACTIONS MultiState, a private firm based in Alexandria, Va., created a COVID-19 Policy Tracker that includes a COVID-19 Policy Dashboard. The dashboard provides a state-by-state breakdown that lists the state’s status on six issues: vaccine mandates mask mandates travel restrictions mass gathering restrictions school closures a state of emergency declaration.   The dashboard also provides that information for a selection of local jurisdictions. The resources are free for the public and updated daily. Information also is presented in map form for a variety of categories including:  State Vaccine Mandates on Businesses and Vaccine Mandates for State Employees. These maps provide a quick way to see where a particular state is on mandates and how it compares to others across the country. This information is also updated daily. RESOURCES FOR UPDATES: Safer Federal Workforce website – It has details for federal contractors and a list of relevant documents issued by the Task Force or the Office of Management and Budget OMB related to COVID and the safety of employees. MultiState’s COVID-19 Policy Tracker for state and local government policies, updated daily. Centers for Disease Control and Prevention,  COVID Data Tracker. ATSSA Blog ATSSA Roadway Safety News Break – distributed directly to ATSSA members.

ATSSA is one of 19 organizations asking Treasury Secretary Janet Yellen to clarify that American Rescue Plan Act ARPA funds can be used to help subcontractors and suppliers that are struggling due to supply chain issues brought on by the pandemic. “At this critical time, as Congress has passed the historic Infrastructure Investment and Jobs Act IIJA that will provide impactful infrastructure investment to the nation, we request relief for government agencies and businesses who have and continue to face unprecedented pandemic-induced supply chain delays and shortages that may undercut the anticipated benefits of the IIJA investment,” according to the letter sent to Yellen on Monday. ATSSA, the Associated General Contractors of America AGC, the American Association of State Highway and Transportation Officials AASHTO and the American Road &Transportation Builders Association ARTBA led the effort that was joined by 15 other organizations. ATSSA is one of 19 organizations asking Treasury Secretary Janet Yellen to clarify that American Rescue Plan Act ARPA funds can be used to help subcontractors and suppliers that are struggling due to supply chain issues brought on by the pandemic. “At this critical time, as Congress has passed the historic Infrastructure Investment and Jobs Act IIJA that will provide impactful infrastructure investment to the nation, we request relief for government agencies and businesses who have and continue to face unprecedented pandemic-induced supply chain delays and shortages that may undercut the anticipated benefits of the IIJA investment,” according to the letter sent to Yellen on Monday. ATSSA, the Associated General Contractors of America AGC, the American Association of State Highway and Transportation Officials AASHTO and the American Road &Transportation Builders Association ARTBA led the effort that was joined by 15 other organizations. The group asks that the Treasury Department “update its ‘Frequently Asked Questions’ document and regulations for ARPA funds, clarifying that recipient governments can use them to mitigate the effects of supply chain delays and shortages, such as for material price increases and the effects they are having on project costs.” ATSSA President & CEO Stacy Tetschner sent four letters to officials with state departments of transportation DOTs and the Federal Highway Administration FHWA this year explaining the challenges faced by ATSSA members in obtaining materials for roadway safety projects and the significant price hikes for the materials. As the letter to Yellen states, ATSSA surveyed members twice this year to assess the impact of the supply chain challenges on them and found that about 64% were unsure or pessimistic about their ability to meet customers’ needs. A survey during the summer found that nearly 90% of ATSSA manufacturers and suppliers were experiencing a shortage of raw materials needed to produce roadway safety products. Monday’s letter to Yellen notes that Federal Reserve Chair Jerome Powell indicated the “supply chain storm” could continue through next year. The following organizations signed the letter. Associated General Contractors of America American Association of State Highway and Transportation Officials American Road &Transportation Builders Association American Traffic Safety Services Association American Association of Port Authorities American Concrete Pavement Association American Concrete Pipe Association American Council of Engineering Companies American Highway Users Alliance American Public Transportation Association American Society of Civil Engineers Associated Equipment Distributors Association of Equipment Manufacturers National Asphalt Pavement Association National Association of Counties National Ready Mixed Concrete Association National Stone, Sand, and Gravel Association Portland Cement Association The Surety & Fidelity Association of America