Susan Warshaw Ebner Pens Article for American Short Line Railroad Association

10.27.2021

Partner Susan Warshaw Ebner recently published “A Look at the Latest Guidance on Implementation of the Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors" for the American Short Line Railroad Association.

In the article, Ebner explains that short line railroads are frequently involved in a host of different types of government contracts and that President Biden’s issuance of the Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (EO) left many questions about the scope of implementation.

The Safer Federal Workforce Task Force issued guidance on implementation on September 24, 2021, but their workplace safety guidelines still left questions to be answered for the rollout of the proposed Federal Acquisition Regulation (FAR) rule and other agencies’ rules which were due to be released October 8, 2021, and implemented October 15, 2021.

"Under the EO and Guidance, Federal executive branch contractors and subcontractors with covered contracts and contract-like instruments will be required to have their employees fully vaccinated by no later than December 8, 2021, except in limited circumstances where an employee is entitled to a legal accommodation due to religious or health reasons," Ebner writes.

Ebner also states that the EO and guidance requires that employees and visitors mask and socially distance as required by the Center for Disease Control guidelines, and that contractors designate a person to coordinate the implementation and compliance with the EO and guidance.

Ebner goes on to discuss which types of contracts and employees will be considered to be “covered” under the EO, vaccination and social distancing details, as well as specifics on contractor implementation of these requirements.

Ebner represents businesses and nonprofits across a panoply of industries, including aerospace, communications, construction, defense, transportation, information technology, cybersecurity, healthcare, and more, on a broad spectrum of government contract and compliance matters, including bid protests, cyber security and supply chain risk, compliance program development and training, audits, investigations, claims, and dispute resolution. She counsels clients on federal research and development-related matters, including small business innovation research, other transactions, technology investment agreements, cooperative agreements and grants.  She is also a lead blogger for Stinson's Government Contracting Matters blog. In addition, Ebner is the Immediate Past Chair of the American Bar Association Public Contract Law Section and Co-Chair of the National Defense Industrial Association Cyber Division Cyber Legal Policy Committee.