Date: January 14, 2022
To: Duke Energy Contractors
Subject: Update: Compliance with Federal Vaccination and Testing Requirements
Thank you once again for your commitment to delivering for our company and customers. As stated in the Jan. 11 communication, this is a dynamic time as we respond to the COVID-19 pandemic, and Duke Energy has been closely monitoring the legal challenges to the vaccination and testing provisions in the federal COVID-19 Action Plan.
Yesterday, the U.S. Supreme Court temporarily halted enforcement of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS), a rule that would require, among other things, vaccination or weekly testing for employees of companies with 100 or more employees. The case will now go back to a lower court for review if OSHA decides to continue to pursue its case.
As a result of this ruling, the enhanced face covering requirement for unvaccinated workers is no longer in effect at Duke Energy.
We will also no longer require weekly testing of unvaccinated Duke Energy employees that was scheduled to begin in Feb. 9 and expect that contractors may no longer require the same for their unvaccinated employees. However, as you know, testing is still a tool in CDC’s guidance on when employees can return to work after COVID-19 exposures and positive cases.
While the enhanced face covering requirements under the ETS will no longer be in effect, it’s important for our contractors to still follow CDC guidance and comply with face covering requirements certain local governments still have in place.
Duke Energy’s face covering requirements:
- All contractors, regardless of vaccination status, must wear a face covering indoors when social distancing may not be possible or where state or local requirements are more
- All contractors must also wear face coverings when entering, exiting, and walking within a Duke Energy facility and in Duke Energy common areas.
Duke Energy contractors affected by these provisions are expected to relay this information to their subcontractors.
Please share this communication with appropriate business managers supporting Duke Energy. For questions, please reach out to your Duke Energy contract commercial contact.
There have been no changes to date on Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, from our Jan. 11 communication.
We will continue to monitor the status of these legal challenges and keep you informed of developments.
Thank you for your attention and cooperation. Sincerely,
Senior Vice President and Chief Procurement Officer Duke Energy
Vice President and Chief Ethics & Compliance Officer Duke Energy