NYCHA Mask Mandate Notice to Contractors
Consistent with City of New York Executive Order 74 of 2021 regarding Safety Practices of Public-Facing Contracted Personnel During The COVID-19 Crisis, effective August 2, 2021, all Contractors providing services or construction within New York City pursuant to an active (i.e., on-going) “contract” with the New York City Housing Authority (“NYCHA”) must require that their “covered employees” (i) wear a face covering at all times the covered employee can be expected to physically interact with NYCHA employees, NYCHA residents, or members of the public in the course of performing work under the contract, or (ii) provide proof of their full vaccination status. The terms “contract” and “covered employee(s)” are defined herein.
Many employees of NYCHA Contractors hold positions in which they come into contact with other people in the course of their work for NYCHA, and are thus in a position to transmit or contract COVID-19 while they are at work. It is essential that NYCHA promote the best health and safety practices recognized in light of current scientific understanding of the conditions under which COVID-19 can spread.
Wearing a face covering that covers the person’s mouth and nose is a highly effective measure for reducing the spread of COVID-19. Further, the U.S. Centers for Disease Control (“CDC”) reports that new variants of COVID-19, identified as “variants of concern,” have emerged in the United States, and some of these new variants, which currently account for the majority of COVID-19 cases sequenced in New York City, are more transmissible than earlier variants. Employees of Contractors who have been granted a reasonable accommodation allowing them not to wear a face covering may continue not to wear one if they comply with the terms of the reasonable accommodation.
Nothing can provide a higher level of protection against COVID-19 or do more to speed the City of New York’s recovery than vaccines, which are safe and lifesaving. Convenient and community-based vaccination sites can be found via nyc.gov/vaccinefinder or by calling 877-VAX-4-NYC.
The CDC has stated that vaccination is an effective tool to prevent the spread of COVID-19 and benefits both vaccine recipients and those they come into contact with, including persons who for reasons of age, health, or other conditions cannot themselves be vaccinated. Furthermore, the recent appearance in the City of the highly transmissible Delta variant of COVID-19 has substantially increased the risk of infection for NYCHA’s workforce.
Please respond to this notice by certifying compliance below and submitting this signed document to the New York City Housing Authority Procurement Department Central Vendor Face Covering mailbox at ContractorMaskPolicy@nycha.nyc.gov. The certification must be signed and returned even if you do not have any “covered employees” at this time. The certification must be returned no later than September 1, 2021.
Subcontractors do not need to submit a certification; however, prime Contractors are responsible for ensuring their subcontractors are in compliance.
For purposes of this notice and certification, the term “contract” means any “agreement” or “contract” awarded by NYCHA, 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 NYCHA employees, NYCHA residents, or members of the public in the course of performing work under the contract.
For purposes of the certification, 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 NYCHA 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 NYCHA employees, residents, or members of the public shall not be deemed to be a covered employee.
For purposes of the certification, the term “full vaccination” means at least two weeks have passed after a person received a single-dose of an FDA- or WHO- approved one-dose COVID-19 vaccine or the second dose of an FDA- or WHO- approved two-dose COVID-19 vaccine. Proof of vaccination must be:
• An official CDC or other government-issued card bearing the employee’s name and date(s) of vaccine administration, either viewed in person or via a photograph; or
• An Excelsior Pass issued by the State of New York; or
• The NYC COVID SAFE app that clearly displays an image of the CDC card with the above noted requirements. The NYC COVID SAFE app can be downloaded for Apple or Android (or by searching “NYC COVID Safe” on Apple app store or Google Play store).