Employee COVID-19 Vaccination, Testing, and Face Covering Policy (OSHA-ETS Compliant)

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Executive Summary of Key Terms:

The Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) related to COVID-19 on November 4, 2021. Immediately below is an executive summary of the key points of the Dale COVID-19 OSHA ETS Policy, with further details following. Compliance with the Dale COVID-19 OSHA ETS Policy is a condition of your continued employment. Please read it carefully.

All Dale employees are encouraged to receive a COVID-19 vaccination and show acceptable proof of vaccination to protect themselves and others.
Employees are required to report their vaccination status, including if an employee is not vaccinated, on or before January 10, 2022, at the following secured online portal: https://dalesafety.com/vaxstatform/.
All unvaccinated employees are required to wear an approved face covering at all times as set forth herein.
All unvaccinated employees shall be required to submit a COVID-19 test beginning February 9, 2022, and each week thereafter, to enter the corporate offices, workplace, or any jobsite as set forth herein, subject to any more stringent requirements of any government requirements, public health guidelines, or Project Owner or Client protocols.

Background:

On November 4, 2021, OSHA issued an ETS requiring all private employers with 100 or more workers to ensure all employees are either fully vaccinated for COVID-19 or provide a weekly COVID-19 test beginning February 9, 2022. Additionally, under the ETS, any employee not vaccinated by January 10, 2022, will be required to wear a face covering at all times when indoors as set forth below. Dale has an obligation to comply with OSHA standards or face stiff penalties for noncompliance.

The Dale COVID-19 OSHA ETS Policy outlined below is necessary to comply with OSHA's ETS and will help to safeguard the health of our employees and their families, our customers and visitors, and the community at large from COVID-19. Implementing these measures can help us to provide a safe workplace and potentially avoid circumstances that could jeopardize our business operations. This Dale COVID-19 OSHA ETS Policy is designed for use together with, and not as a substitute for, other COVID-19 prevention measures we have effectively implemented to date. To that point, all employees are advised that certain Project Owners, General Contractors, Construction Managers, or other clients may have more stringent requirements than what is set forth in this policy (e.g., mandatory vaccination policy with no option for COVID-19 testing). In that circumstance, the more stringent requirements will govern and control eligibility for employment. Below, please carefully review the details of the Dale COVID-19 OSHA ETS Policy to understand how this effects not only yourself, but each of us.

Please be advised that any employee who knowingly makes any false statement, representation, or certification submitted in accordance with this policy, or otherwise knowingly provides false information regarding vaccination status or testing, may be subject to criminal penalties. Information on penalties for false statements and records is provided by OSHA and attached to this memo.

Contact Dale Human Resources at HR@daleco.net or by phone at 215-690-0170 with any questions.

Purpose:

Vaccination is a vital tool to reduce the presence and severity of COVID-19 cases in the workplace, in communities, and in the nation as a whole. Dale encourages all employees to receive a COVID-19 vaccination to protect themselves and other employees. Under OSHA’s ETS, covered employers such as Dale must develop, implement, and enforce a mandatory COVID–19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to either get vaccinated or elect to undergo regular weekly COVID–19 testing and wear a face covering at work in lieu of vaccination. Dale has elected to adopt a policy set forth below requiring employees to either get vaccinated or elect to undergo regular weekly COVID–19 testing beginning February 9, 2022. All unvaccinated employees must continue to wear a face covering at the workplace or jobsite as set forth herein. OSHA has determined that the unvaccinated employees of these employers face a grave danger of exposure to SARS-CoV-2, including the Delta and Omicron variant, while they are at work which supports and necessitates the implementation of this Dale COVID-19 OSHA ETS Policy. This policy complies with OSHA’s Emergency Temporary Standard on Vaccination and Testing (29 CFR 1910.501) and it is effective as of January 10, 2022.

The Occupational Safety and Health Act and Dale, specifically prohibit any form of discipline, reprisal, intimidation, or retaliation against employees for reporting or filing a violation of this policy or any other occupational health and safety complaint or otherwise exercising any rights afforded by the OSH Act. For more information, see the attached OSHA document, Workers' Rights under the COVID-19 Vaccination and Testing ETS.

Scope:

This Dale COVID-19 OSHA ETS Policy applies to all Dale employees, except for employees who do not report to a workplace where other individuals (such as coworkers or customers) are present; employees while working from home and who do not report to or come in the office or projects at any time; and employees who work exclusively outdoors.

All employees are encouraged to be fully vaccinated. To be fully vaccinated, 2 full weeks (14 days) must have passed after the employee has received their second dose of the Moderna COVID-19 Vaccine or the Pfizer-BioNTech COVID-19 Vaccine, or 2 full weeks (14 days) passed after the employee has received a single dose of the Johnson and Johnson/Janssen COVID-19 Vaccine. You are considered partially vaccinated if you have received only one dose of a two-dose vaccine series. If you are partially vaccinated, you will be treated as unvaccinated for purposes of this Dale COVID-19 OSHA ETS Policy until two weeks after your second vaccine dose. Dale employees who are not fully vaccinated will continue to be required to wear a face covering at the workplace or jobsite as set forth herein. In addition, employees who are not fully vaccinated on or before February 9, 2022, will be required to provide proof of a COVID-19 test weekly before reporting to the workplace or jobsite. Please review the information below regarding reporting results of COVID-19 tests.

Some employees may be required to be fully vaccinated against COVID-19 as a term and condition of employment. Employees subject to mandatory vaccination requirements without an option for weekly testing, such as those policies of Project Owners, General Contractors, Construction Managers, or other clients with a mandatory vaccination program, are and will be required to follow all relevant vaccination requirements in those policies and therefore will not be given the option to choose testing and face covering use in lieu of vaccination.

All employees are required to report their vaccination status, including if an employee is not vaccinated, by January 10, 2022, at the following secured online portal: https://dalesafety.com/vaxstatform/.

DO NOT provide any medical or genetic information except your COVID-19 Vaccination Record Card or your response that you are not fully vaccinated. Employees must provide truthful and accurate information about their COVID-19 vaccination status, and, if not fully vaccinated, their weekly COVID-19 testing results as outlined below. Employees not in compliance with this policy will be subject to discipline and possible termination. Employees who do not report their vaccination status shall be deemed unvaccinated for the purpose of this Dale COVID-19 OSHA ETS Policy.

Employees may request an exception from vaccination requirements (if applicable) if the vaccine is medically contraindicated for them or medical necessity requires a delay in vaccination. Employees also may be legally entitled to a reasonable accommodation if they cannot be vaccinated and/or wear a face covering (as otherwise required by this policy) because of a disability, or if the provisions in this policy for vaccination, and/or testing for COVID-19, and/or wearing a face covering conflict with a sincerely held religious belief, practice, or observance. Requests for exceptions and reasonable accommodations must be initiated by the employee. If an employee wishes to seek an accommodation or exception regarding this policy, the employee is responsible for requesting a reasonable accommodation from the Human Resources Department by email at HR@daleco.net or by phone at 215-690-0170. All such requests will be evaluated on a case-by-case basis considering various factors and based on an individualized assessment in each situation in accordance with and as required by applicable laws and regulations. Dale will engage in an interactive dialogue with you to determine the precise limitations of your ability to comply with this Dale COVID-19 OSHA ETS Policy and explore potential reasonable accommodations that could overcome those limitations. Dale encourages employees to suggest specific reasonable accommodations. However, Dale is not required to make the specific accommodation requested and may provide an alternative effective accommodation, to the extent any reasonable accommodation can be made without imposing an undue hardship on Dale or posing a direct threat to you or others in the workplace.

Procedures:

Overview and General Information

Vaccination

To be deemed exempt from the mandatory COVID-19 weekly testing and face covering rule for unvaccinated employees, Dale employees must be fully vaccinated. As of February 9, 2022, all unvaccinated employees must submit COVID-19 test results and wear an approved face covering whenever at the workplace or jobsite in accordance with the provisions set forth in this policy.

Employees who are not fully vaccinated by February 9, 2022, remain encouraged to do so. Once fully vaccinated, the employee shall no longer be required submit a COVID-19 test weekly or universally be required to wear an approved face covering.

Vaccination Status and Acceptable Forms of Proof of Vaccination

All Employees

All employees, both vaccinated and unvaccinated, must inform Dale of their vaccination status by January 10, 2022, or as soon as possible thereafter, at the following secured online portal: https://dalesafety.com/vaxstatform/. You may also access the secured online portal by use of the QR Code.

Vaccinated Employees

All fully vaccinated employees are required to provide proof of COVID-19 vaccination, regardless of where they received vaccination.

Acceptable proof of vaccination status is:

The record of immunization from a health care provider or pharmacy;
A copy of the COVID-19 Vaccination Record Card;
A copy of medical records documenting the vaccination;
A copy of immunization records from a public health, state, or tribal immunization information system; or
A copy of any other official documentation that contains the type of vaccine administered, date(s) of administration, and the name of the health care professional(s) or clinic site(s) administering the vaccine(s).

Proof of vaccination generally should include the employee’s name, the type of vaccine administered, the date(s) of administration, and the name of the health care professional(s) or clinic site(s) that administered the vaccine. In some cases, state immunization records may not include one or more of these data fields, such as clinic site; in those circumstances Dale will still accept the state immunization record as acceptable proof of vaccination. DO NOT provide any medical or genetic information except your COVID-19 Vaccination Record Card.

An employee’s proof of vaccine status will be confidentially maintained. However, an employee’s proof of vaccine status is subject to any disclosure requirements necessary for Dale to be compliant with OSHA’s ETS, any Owner or GC/CM programs or protocols relating to COVID-19, and for other reasonable business purpose and needs.

If you have any issues or problems with the confidential upload, please contact Dale Human Resources at HR@daleco.net or by phone at 215-690-0170.

COVID-19 Testing

Under the Dale COVID-19 OSHA ETS Policy, employees who are not fully vaccinated by February 9, 2022, will be required to provide proof of a negative COVID-19 test weekly in order to enter or visit the workplace or jobsite, or come into physical contact with company employees, workers or customers. This rule applies no matter how short the duration (e.g., one day or even just a few minutes). The approved testing method under this policy is a formal remote COVID-19 test administered by a third-party vendor associated with a lab. At-home “Tests” are NOT Approved: Where samples are collected at home and you perform the test yourself, these are not considered compliant with this Dale COVID-19 OSHA ETS Policy and will not satisfy the testing option regardless of whether the sample is submitted to a third-party vendor associated with a lab. Employees are responsible both for scheduling and obtaining COVID-19 testing in such a way as to not interfere with the responsibilities and duties of their employment. The testing shall be performed at a location and manner determined by the employee, provided that the form of testing complies with the requirements of this policy. All costs for weekly testing are the responsibility of the employee.

Unvaccinated Employees

All employees who are not fully vaccinated will be required to comply with this policy for testing. If an employee who is not fully vaccinated does not provide documentation of a COVID-19 test result as required by this policy, that employee will be removed from the workplace or jobsite until they provide a negative test result. Any employees found to have provided false documentation will be subject to termination of employment.

Employees who report to the workplace or jobsite at least once every seven days:

must be tested for COVID-19 at least once every seven days; and
must provide documentation of the most recent COVID-19 test result, to a unique online portal provided to the employee, no later than the seventh day following the date on which the employee last provided a test result.

Any employee who does not report to the workplace or jobsite during a period of seven or more days (e.g., if they were teleworking for two weeks prior to reporting to the workplace):

must be tested for COVID-19 within seven days prior to returning to the workplace or jobsite; and
must provide documentation of a negative COVID-19 test result, to a unique online portal provided to the employee, before returning to the workplace or jobsite.

If an employee does not provide documentation of a COVID-19 test result as required by this Dale COVID-19 OSHA ETS Policy, they will be removed from the workplace or jobsite until they provide a test result.

The link to provide documentation of COVID-19 test results will be provided directly to those employees that remain unvaccinated.

All Employees

Employees who have received a positive COVID-19 test or have been diagnosed with COVID-19 by a licensed healthcare provider are not required to undergo COVID-19 testing for 90 days following the date of their positive test or diagnosis. Any employee who receives a positive COVID-19 test result or have been diagnosed with COVID-19 by a licensed healthcare provider will immediately be removed from the jobsite or workplace. Additionally, if an employee becomes sick or experiences symptoms while at work, the employee is required to immediately leave the jobsite or workplace and promptly notify their supervisor and the Dale Corporate Safety Officer, Andys@daleco.net.

Face Coverings

All employees who are not fully vaccinated are required to wear a face covering as set forth herein or any more stringent requirements of any government, public health guidelines, or Project Owner or Client protocols.

Face coverings must: (i) completely cover the nose and mouth; (ii) be made with two or more layers of a breathable fabric that is tightly woven (i.e., fabrics that do not let light pass through when held up to a light source); (iii) be secured to the head with ties, ear loops, or elastic bands that go behind the head. Unless Project prohibits the use of gaiters, if gaiters are worn, they should have two layers of fabric or be folded to make two layers; (iv) fit snugly over the nose, mouth, and chin with no large gaps on the outside of the face; and (v) be a solid piece of material without slits, exhalation valves, visible holes, punctures, or other openings. Acceptable face coverings include clear face coverings or cloth face coverings with a clear plastic panel that, despite the non-cloth material allowing light to pass through, otherwise meet these criteria and which may be used to facilitate communication with people who are deaf or hard-of-hearing or others who need to see a speaker’s mouth or facial expressions to understand speech or sign language respectively.

Dale employees who are not fully vaccinated must wear face coverings over their nose and mouth when indoors, including at project sites, trailers and offices, and/or when occupying a vehicle with another person for work purposes. Policies and procedures for face coverings have been implemented, along with the other provisions required by OSHA’s COVID-19 Vaccination and Testing ETS, as part of a multi-layered infection control approach for unvaccinated workers. Employees who are fully vaccinated are encouraged to use their discretion and evaluate their comfort level as it pertains to wearing face coverings at the workplace or jobsite.

Face coverings are the responsibility of the employee to obtain. Find which mask works best for you that meets the requirements above.

The following are exceptions to Dale’s requirements for face coverings:

When an employee is alone in a room with floor to ceiling walls and a closed door, provided that the face covering must be put back on the moment they exit the room, or another individual enters the room.
For a limited time while an employee is actively eating or drinking at the workplace. Wherever possible employees must completely isolate from other persons or employees while eating or drinking.
For identification purposes in compliance with safety and security requirements.
When an employee is wearing a respirator or facemask.
Where Dale has determined that the use of face coverings is infeasible or creates a greater hazard (e.g., when it is important to see the employee’s mouth for reasons related to their job duties, when the work requires the use of the employee’s uncovered mouth, or when the use of a face covering presents a risk of serious injury or death to the employee).

Supporting COVID-19 Vaccination

An employee may take up to four hours of duty time per dose to travel to the vaccination site, receive a vaccination, and return to work. This would mean a maximum of eight hours of duty time for employees receiving two doses.

The following procedures apply for requesting and granting duty time to obtain the COVID-19 vaccine or sick leave to recover from side effects: Upon specific request to each employee’s supervisor or to Dale Human Resources at HR@daleco.net or by phone at 215-690-0170, Dale will cover 4 hours of paid time to receive each vaccination dose, 8 hours total. Dale will also cover 8 hours of paid time for any side effects as result of each vaccination dose, 16 hours total.

Employee Notification of COVID-19 and Removal from the Workplace

Employee Notification of COVID-19

Dale will continue to require employees to promptly notify their supervisor and the Dale Corporate Pandemic Safety Officer, Andys@daleco.net, when they have tested positive for COVID-19 or have been diagnosed with COVID-19 by a licensed healthcare provider. If an employee is sick or experiences symptoms while away from work, the employee is required to promptly notify their supervisor and the Dale Corporate Safety Officer, Andys@daleco.net.

Remember, if you are sick, stay home!

Medical Removal from the Workplace

Dale has also implemented a policy for keeping COVID-19 positive employees away from the workplace or removing such employees in certain circumstances. Dale will immediately remove an employee from the workplace if they have received a positive COVID-19 test or have been diagnosed with COVID-19 by a licensed healthcare provider (i.e., immediately send them home or to seek medical care, as appropriate). Additionally, if an employee becomes sick or experiences symptoms while at work, the employee is required to immediately leave the jobsite or place of work and promptly notify their supervisor and the Dale Corporate Safety Officer, Andys@daleco.net or 215-416-4796.

Return to Work Criteria

For any employee removed because they are COVID-19 positive, Dale will keep them removed from the workplace until the employee meets the return-to-work criteria. Please review the CDC’s “Isolation Guidance,” and contact the Dale Corporate Safety Officer, Andys@daleco.net.

If an employee has severe COVID-19 or an immune disease, Dale will follow the guidance of a licensed healthcare provider regarding return to work.

New Hires:

All new employees are required to comply with the Dale COVID-19 OSHA ETS Policy as a condition of employment. Potential candidates for employment will be notified of the requirements of this Dale COVID-19 OSHA ETS Policy prior to the start of employment.

Confidentiality and Privacy:

All medical information collected from individuals, including vaccination information, test results, and any other information obtained as a result of testing, will be treated in accordance with applicable laws and policies on confidentiality and privacy.

Policy Modification:

Government and public health guidelines and restrictions and business and industry best practices regarding COVID-19 and COVID-19 vaccines are changing rapidly as new information becomes available and further research is conducted. Dale reserves the right to modify this Dale COVID-19 OSHA ETS Policy at any time in its sole discretion to adapt to changing circumstances and business needs, consistent with its commitment to maintaining a safe and healthy workplace.

Employees Covered Under a Collective Bargaining Agreement:

The employment terms set out in this Dale COVID-19 OSHA ETS Policy work in conjunction with, and do not replace, amend, or supplement any terms or conditions of employment stated in any collective bargaining agreement that a union has with Dale. Employees should consult the terms of their collective bargaining agreement. Wherever employment terms in this policy differ from the terms expressed in the applicable collective bargaining agreement with Dale, employees should refer to the specific terms of the collective bargaining agreement, which will control.

Additional Information:

This Dale COVID-19 OSHA ETS Policy also includes the information contained at the following resources, which are incorporated by reference. It is each employee’s obligation to review the information. Hard copies will be available upon request:

Questions:

Please direct any questions regarding this policy to the Corporate Pandemic Safety Officer Andys@daleco.net or HR@daleco.net or by phone at 215-690-0170.