In light of the White House extension on its “COVID 19 vaccine mandate” to January 4, 2022, ACL would like to share information we have received from the DC-based Federal Forest Resource Coalition(FFRC) about the Vaccine mandate as it relates to federal timber contractors: Key passage in FFRC message below: BEGIN: At the recent Federal Timber Purchasers Meeting in Salt Lake City, UT, we heard from the U.S. Forest Service on their efforts to implement the Federal Covid-19 vaccine mandate for Federal contractors. While final, written, official guidance is still not out, we heard for the first time in a public setting that the Forest Service believes the mandate does NOT apply to normal (2400-6) timber sale contracts or Integrated Resource Timber Contracts. END (But some contracts may still HAVE the vaccine mandate. See FFRC e-mail below:) And: BEGIN: The bottom line is we still need to wait and see what the final guidance looks like. There are still plenty of unanswered questions – including how the GNA (Good Neighbor Authority) mandate is likely to conflict with diametrically opposite policies adopted by certain states which currently have active GNA programs. However, the initial report that “normal” timber sales don’t trigger the vaccination mandate is good news. ACL has responded to FFRC with thanks, but letting them know that the federal government should include in this flexibility any contract that has cutting sawlogs, biomass, firewood like IRSC,TC’s,all 2400-2,4,6 — in short, any and all contracts that are under partnership agreements. Timber sales contracts alone will not “meet the need” to help all of our members and other loggers. ACL is working with FFRC and other organizations to press this point. Lawyers are involved as well.
THE FFRC MEMO OF OCTOBER 28, 2021, IN FULL
Re: Update on Vaccine Mandate for Federal Contractors At the recent Federal Timber Purchasers Meeting in Salt Lake City, UT, we heard from the U.S. Forest Service on their efforts to implement the Federal Covid-19 vaccine mandate for Federal contractors. While final, written, official guidance is still not out, we heard for the first time in a public setting that the Forest Service believes the mandate does NOT apply to normal (2400-6) timber sale contracts or Integrated Resource Timber Contracts. The Forest Service Washington Office reported that final guidance is subject to change, and that once finalized (likely in a few weeks), they will host a series of webinars to provide additional information and answer questions. Each Federal agency is free to make their vaccine requirements for contractors more stringent than the President’s September Executive Order. The Forest Service intends to follow the order “as written,” and therefore they are making a distinction between service/procurement contracts (which includes Integrated Resource Service Contracts), versus a Timber Sale, which is a disposal contract, and therefore isn’t covered by the Executive Order. The mandate does apply to IRSCs – contracts that fall under the Service Contract Act – if they are over the $250,000 threshold. It appears the mandate does apply to Good Neighbor Agreements (GNA) with States but does NOT apply to the sales the state sells under the GNA, unless the state makes it a requirement. It does apply to GNA service contracts (which is funded with direct FS funds). Again, subject to change when we see the final written policy, the Forest Service said:
- The mandates does not apply to existing contracts, unless the contract is extended.
- The vaccine mandate only applies to road cost-share agreements if the Forest Service portion is over the $250,000 threshold, which typically doesn’t occur under cost-share agreements.
- Contractors that fall under the mandate will have to provide a list of employee names that are vaccinated but will not be asked to provide physical proof (copy of vaccine card, medical records, etc.). Physical proof should be retained by individual companies.
- Employee lists of vaccinated employees will be required at the time of contract award.
The bottom line is we still need to wait and see what the final guidance looks like. There are still plenty of unanswered questions – including how the GNA mandate is likely to conflict with diametrically opposite policies adopted by certain states which currently have active GNA programs. However, the initial report that “normal” timber sales don’t trigger the vaccination mandate is good news. Whether or not the vaccine mandate for Federal contractors applies to your timber sale contracts, most sawmilling and other wood products companies may still be covered by the still yet to be released OSHA “Emergency Temporary Standard” requiring companies with 100 or more employees to get them all vaccinated. Yesterday, elements of the business community visited the White House to plead for “flexibility”. White House Coronavirus Task Force leader Jeffery Zients was quoted in the Washington Post today, saying
“To be clear, we’re creating flexibility within the system. We’re offering people multiple opportunities to get vaccinated. There is not a cliff here.” Bottom line is we still need to see the written contractor vaccine policy, and we’re still awaiting the “emergency” standard announced 49 days ago. While FFRC will keep you updated on what we learn, it’s imperative that companies seek out competent legal counsel to fully understand their rights and responsibilities under these mandates.
Associated California Loggers will remain involved in these efforts.