Updated Safety Practices of Public-Facing Contracted Personnel During the COVID-19 Crisis
WHEREAS, Executive Order No. 11, dated March 10, 2022, requires City agencies to ensure that certain employees of contractors or subcontractors holding a contract awarded by the City wear a face covering when they are interacting with members of the public in an indoor setting or present in a location where the State Commissioner of Health has determined face coverings must be worn; and
WHEREAS, Executive Order No. 25, dated February 6, 2023, and effective as of February 10, 2023, rescinded the requirement for prospective City employees to be vaccinated against COVID-19; and
WHEREAS, on February 9, 2023, the Board of Health resolved to make the COVID-19 vaccination optional for certain City and DOE employees; and
WHEREAS, Executive Order No. 28, dated February 23, 2023, rescinded the requirement for employees of City contractors to be vaccinated against COVID-19; and
WHEREAS, on February 12, 2023, the New York State Department of Health removed the face mask mandate for health care facilities;
NOW, THEREFORE, by the power vested in me as Mayor of the City of New York, it is hereby ordered:
Section 1. Executive Order No. 11, dated March 10, 2022, is RESCINDED and replaced by this Order.
§ 2. Definitions. For the purposes of this Order, the following terms have the following meanings:
Contract. The term “contract” means a contract awarded by the City, and any subcontract under such a contract, for work: (i) to be performed within the City of New York; and (ii) where employees can be expected to physically interact with City employees or members of the public in the course of performing work under the contract.
Covered Employee. The term “covered employee” means a person (i) employed by a contractor or subcontractor holding a contract; (ii) whose salary is paid in whole or in part from funds provided under a City contract; and (iii) who performs any part of the work under the contract within the City of New York. However, a person whose work under the contract does not include physical interaction with City employees or members of the public shall not be deemed to be a covered employee.
§ 3. Requirement. All City agencies must take all necessary actions to ensure that their contractors:
a. Require all covered employees to wear a face covering that covers the employee’s mouth and nose during days 6 to 10 after infection with COVID-19 upon returning to a work site where the employee can be expected to physically interact with City employees or members of the public in the course of performing work under the contract.
b. Authorize covered employees to remove their face covering in the workplace (indoors or outdoors) when they are not required by subdivision (a) of this section to wear the face covering.
§ 4. This Order shall take effect immediately.