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Federal Market Intelligence for Small Business |
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Set-Aside Alert news analysis:Who will protect fed contractor jobs from coronavirus fallout?Democratic Senators want federal contractors, workers to not be penalized for CDC-advised tests, quarantinesConcern over the rapid expansion in coronavirus (also known as COVID-19) infections throughout the United States is now roiling the federal contracting community. While the Office of Personnel Management has issued five guidance documents to date on how federal agencies should address employment issues relating to the coronavirus disease, lawmakers say that guidance does not adequately protect federal workers or contractors. The OPM guidance is primarily aimed at employees and includes, among other things, a list of federal websites to check for information, updates on telework flexibility and leave policies, and clarification on whether coronavirus illness qualifies for official quarantines, which it does. There also are links to CDC and Labor Dept. websites. A group of Democratic senators assert that the OPM guidance thus far does not adequately provide for contractor and worker health and job protections for virus-related delays, leavetime and interrupted work. Specifically for contractors, the OPM guidance directs agencies generally to follow the recommendations of the Centers for Disease Control (CDC) related to coronavirus. The CDC is calling for containment measures to slow the spread of the virus, including testing, home-based self-quarantine and social distancing for those who have been exposed or presumptively exposed to the virus, experiencing symptoms or in the higher-risk groups ( generally over age 60). These recommendations may pose challenges to federal contractors, especially small businesses. Community spread that began in Washington State is expected to become much more broad in the U.S., similar to what happened in Korea, Italy and other countries. With community spread the CDC says older adults or anyone with a chronic disease such as diabetes or heart disease should stay at home as much as possible to avoid infection. Public health experts say there are many unknowns and it may be possible for people to be infected with coronavirus and to not be aware of any symptoms. To date, authorities in other countries have imposed more stringent testing, quarantine and self-isolation measures than in the U.S. CDC’s recommendations may be applied much more broadly in the coming weeks as initial containment strategies appear to be falling short in several states (WA and CA). The eight Democratic senators who wrote to OPM Director Dale Cabaniss on March 6 said they anticipate that federal workers and contractors are likely to feel pressure to fulfill job duties to protect their paychecks, even if the CDC is recommending staying home to protect public health. “We urge you to clarify that federal employees and contractors who follow such (CDC) guidance will not be at risk of income insecurity, disciplinary actions or any other adverse employment actions,” the senators wrote. The senators say workers and contractors should not be “asked to choose between their ability to meet financial obligations and their sense of duty to follow guidance that protects the public health,” they wrote. The senators also urged OPM to provide expanded telework flexibilities as well as approvals of unscheduled leave to recuperate at home or to care for ill family members. Contractors should not be expected to work if they or their loved ones are ill--even if all available paid leave has been used up, the letter added. The senators also said the OPM guidance was “unnecessarily complex” and raised doubts of whether agencies would have uniform interpretations of how to handle leave policies during the coronavirus crisis. The senators who signed the letter (in order of signing) were Sens. Mark R. Warner, D-VA; Ben Cardin, D-MD; Tim Kaine, D-VA; Chris Van Hollen, D-MD; Maizie K. Hirono, D-HI; Brian Schatz, D-HI; Sherrod Brown, D-OH; and Gary C. Peters, D-MI.
More information:
OPM Guidance: https://bit.ly/2THOXxa
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Washington Insider:
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