Good morning,

 As you know, Executive Order (E.O.) 14043 requires each agency to implement, to the extent consistent with applicable law, a program to require COVID-19 vaccination for covered Federal employees, with exceptions only as required by law. On Friday, January 21, 2022, a district court judge issued a preliminary nationwide injunction prohibiting implementation and enforcement of E.O. 14043. The Department of Justice has appealed this decision. 

 Note that this injunction is limited to implementation and enforcement of E.O. 14043, which imposes a vaccination requirement. It has no effect on enforcement of other workplace safety protocols related to vaccination status, such as masking, physical distancing, testing, travel, and quarantine requirements. Agencies should continue to enforce such workplace safety protocols. Those protocols do not require vaccination, and they are based on authorities other than E.O. 14043.

 Last Friday, agencies were informed that you should not take any actions to implement or enforce E.O. 14043. Nor should agencies take any actions with respect to processing requested exceptions to the vaccination requirement pursuant to E.O. 14043. 

Yesterday, the Safer Federal Workforce Task Force, in consultation with the Department of Justice, is providing guidance to agencies regarding implementation of this injunction through FAQs on SaferFederalWorkforce.gov.  This guidance (Updated overview and updates on vaccinations) is found at:  https://www.saferfederalworkforce.gov/new/   

The FAQs are found here:  https://www.saferfederalworkforce.gov/downloads/FAQs_compliance_injunction_EO%2014043_20220124.pdf and attached to this message. 

Accountability and Workforce Relations Employee Services

U.S. Office of Personnel Management

Posted: January 25, 2022