ADAM’S EUROPEAN CONTRACTING INC.
589 Johnson AVENUE
BROOKLYN NY 11237
TEL. 718-417-9000 FAX. 718-417-1093
MANDATORY COVID-19 VACCINATION POLICY
In the era of the COVID-19 pandemic, Adam’s European (Adam’s) wants to assure you of its continued commitment to maintaining a safe and healthy workplace and that we are taking additional measures to protect you, your co-workers, and your families from contracting and spreading COVID-19.
Now that COVID-19 vaccines are readily available to the general public and in light of the Order of the New York City Commissioner of Health and Mental Hygiene issued on August 24, 2021 (Commissioner’s Order), which requires all contractors, subcontractors, and consultants who work in-person in a New York City Department of Education (NYC DOE) school-based setting to be vaccinated against COVID-19 as well as the “COVID-Safe Requirement” imposed by the City of New York on August 12, 2021 requiring all employees of contractors working pursuant to a City contract who interact with City employees and members of the public to be vaccinated by September 13, 2021 or comply with weekly COVID-19 testing requirements, we are implementing the following policy requiring our employees to get vaccinated against COVID-19, subject to exemptions to the extent permitted by law as explained below.
This policy is based on guidance from the Centers for Disease Control and Prevention (CDC) and is intended and designed to comply with all applicable federal, state, and local laws.
COMPLIANCE WITH THIS POLICY IS A CONDITION OF YOUR CONTINUED EMPLOYMENT. PLEASE READ THIS ENTIRE POLICY CAREFULLY.
Information About COVID-19 Vaccines
The CDC has promoted the benefits and safety of approved and Emergency Use Authorization COVID-19 vaccines. In addition, New York State recommends that all individuals aged 12 and over who can safely do so get vaccinated against COVID-19. According to the CDC:
- COVID-19 vaccines currently approved or in development in the United States do not contain the COVID-19 virus and will not make you sick with COVID-19.
- Getting the COVID-19 vaccine will not make you test positive for COVID-19.
- COVID-19 vaccinations have been shown to be highly effective at preventing you from getting sick with COVID-19 and experiencing the most severe consequence of the disease.
- COVID-19 vaccines may reduce the risk of spreading COVID-19.
- COVID-19 vaccines do not change your DNA.
- COVID-19 vaccinations are an important tool in helping to stop the pandemic.
- COVID-19 vaccines will be free to you, though some charges may be billed to your insurance company.
An individual is considered fully vaccinated two weeks after the second dose of a two-dose vaccine (Moderna or Pfizer) or two weeks after a single-dose vaccine (Johnson & Johnson). More information about COVID-19 vaccines and the vaccine approval process is available and frequently updated on the CDC’s website.
Vaccination Requirements
Consistent with the CDC’s guidance and the requirements of New York State and City to prevent the infection and spread of COVID-19, and as an integral part of its public health and safety measures, Adam’s requires that all employees and individuals entering the workplace and/or jobsites, including subcontractors, temporary workers, and independent contractors, be vaccinated against COVID-19 and show proof of COVID-19 vaccination, unless an exemption from this policy has been granted as an accommodation or otherwise. For more on the accommodation and exemption process, see the section related to Accommodation and Exemption Requests below.
Vaccine Administration
You are responsible for scheduling and obtaining all recommended doses of a COVID-19 vaccine. You may get the vaccine during your regularly scheduled work hours if obtaining the vaccine outside of working hours is not feasible. Adam’s will pay nonexempt employees for time traveling to and from the vaccination site and time spent obtaining the vaccine if done during your regular work hours, up to four (4) hours per vaccine injection.
Proof of Vaccination
On or before September 13, 2021, you must provide written proof to the Human Resources Department of at least one dose of COVID-19 vaccination (even if two weeks have not passed since you received the vaccine) from your vaccine administrator including the vaccination place, date(s), and vaccine name. If receiving a two-dose vaccine, written proof that you received a second dose must be provided to the Human Resources Department within 45 days of receipt of your first dose. Acceptable proof of COVID-19 vaccination includes:
- CDC Vaccination Card. A photo or photocopy of this card is acceptable.
- NYC Vaccination Record or other official immunization record from within or outside the U.S., including from your health care provider. A photo or photocopy of this record is acceptable to the extent that it does not provide any genetic information. If you need assistance obtaining this record, call 311.
- NYC COVID Safe App, available for Android and iOS. You can upload a photo of your CDC vaccination card or other official record, along with your photo ID, to this app and submit confirmation to Adam’s that your vaccination information was submitted.
- Excelsior Pass (or Excelsior Pass Plus). To use this app, you will need the phone number or email address associated with your NYC vaccination record. You can upload a photo of your CDC vaccination card or other official record, along with your photo ID, to this app and submit confirmation to Adam’s that your vaccination information was submitted. If you are unable to use this app, submit proof of vaccination in accordance with one of the other options listed above.
Donot include any medical or genetic information with your proof of vaccination. Your vaccination card alone is sufficient. Adam’s will keep your vaccination information confidential. Any employee who is determined to have provided a fake document as proof of vaccination will be subject to immediate termination of employment.
Accommodation and Exemption Requests
To the extent permitted by federal, state, and local law, Adam’s will strive to reasonably accommodate employees who are unable to receive the COVID-19 vaccine. However, as of August 31, 2021, there is no option for individuals to be exempted from the NYC DOE vaccination mandate nor is there a testing option available. Thus, employees must understand that if they choose to remain unvaccinated for any reason, they will be precluded from working on any NYC DOE projects as a result of the Commissioner’s Order, subject to change based on further guidance from the City of New York. If an employee does not work in-person in a NYC DOE school setting or building, he or she may request a reasonable accommodation as provided below.
Disability Accommodation
Adam’s provides reasonable accommodations, absent undue hardship, to qualified individuals with disabilities that enable them to perform their job duties. Reasonable accommodation may include appropriate adjustment or modifications of employer policies, including this Mandatory Vaccination Policy. If you believe you need an accommodation regarding this policy because of a disability, you are responsible for requesting a reasonable accommodation from the Human Resources Department.
Religious Accommodation
Adam’s provides reasonable accommodations, absent undue hardship, to employees with sincerely held religious beliefs, observances, or practices that conflict with getting vaccinated or receiving the type of vaccine currently available. If you believe you need an accommodation regarding this policy because of your sincerely held religious belief, you are responsible for requesting a reasonable accommodation from the Human Resources Department.
Interactive Process
Adam’s will engage in an interactive dialogue with you to determine the precise limitations of your ability to comply with this Mandatory Vaccination Policy and explore potential reasonable accommodations that could overcome those limitations, including but not limited to assigning you to a jobsite (if available) that does not require COVID-19 vaccinations and instead require that the employee engage in weekly COVID-19 testing at the employee’s expense. Adam’s also encourages employees to suggest specific reasonable accommodations. However, Adam’s is not required to make the specific accommodation requested and may provide an alternative effective accommodation, to the extent any reasonable accommodation can be made without imposing an undue hardship on Adam’s or posing a direct threat to you or others in the workplace.
Exemption for Other Medical Reasons
Exemptions for other medical reasons may be available on a case-by-case basis for conditions such as pregnancy, breastfeeding, history of certain allergic reactions, and any other medical condition that is a contraindication to the COVID-19 vaccine even if they do not qualify as a disability under federal, state, or local law. Adam’s will engage in an interactive dialogue with you determine whether a reasonable accommodation is appropriate and can be granted without imposing an undue hardship on Adam’s or posing a direct threat to you or others in the workplace. However, Adam’s reserves the right to take any necessary and appropriate steps, including imposing alternative COVID-19 prevention measures, to ensure that the individual does not pose a direct threat to the health or safety of others in the workplace.
How to Request an Accommodation or Other Exemption
To the extent that doing so does not conflict with the Commissioner’s Order, you may request a reasonable accommodation or other exemption from this policy by completing Adam’s Request for Accommodation Form and returning it to the Human Resources Department. The form is attached to this policy and available upon request from the Human Resources Department.
When requesting an accommodation, please provide all relevant information, including:
- A description of the accommodation or exemption requested.
- The reason for the requested accommodation or exemption.
Adam’s reserves the right to request additional documentation supporting the need for an accommodation or request for any other exemption. Adam’s will keep confidential any medical information obtained in connection with your request for a reasonable accommodation or other exemption. However, we ask that you not provide any genetic information to Adam’s when responding to a request for additional information or providing proof of vaccination in compliance with this policy.
Accommodation Determinations
Adam’s makes determinations about requested accommodations and exemptions on a case-by-case basis considering various factors and based on an individualized assessment in each situation. Adam’s strives to make these determinations expeditiously and in a fair and nondiscriminatory manner and will inform you after we make a determination. If you have any questions about an accommodation or exemption request you made, please contact the Human Resources Department.
GINA Safe Harbor
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, Adam’s asks that you not provide any genetic information when responding to this request for medical information.
“Genetic information,” as defined by GINA, includes:
- An individual’s family medical history.
- The results of an individual’s or family member’s genetic tests.
- The fact that an individual or an individual’s family member sought or received genetic services.
- Genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
Enforcement and Non-Retaliation
Failure to comply with this policy may result in discipline, up to and including termination of employment. Adam’s prohibits any form of discipline, reprisal, intimidation, or retaliation for reporting a violation of this policy or any other health and safety concern. Employees also have the right to report work-related injuries and illnesses, and Adam’s will not discharge or discriminate or otherwise retaliate against employees for reporting work-related injuries or illnesses or good faith health and safety concerns.
Employees Covered Under a Collective Bargaining Agreement
The employment terms set out in this policy work in conjunction with, and do not replace, amend, or supplement any terms or conditions of employment stated in any collective bargaining agreement that a union has with Adam’s. This policy is not intended to preclude or dissuade employees from engaging in legally protected activities under state or federal law, including the National Labor Relations Act, such as discussing wages, benefits, or terms and conditions of employment, forming, joining, or supporting labor unions, bargaining collectively through representatives of their choosing, raising complaints about working conditions for their and their fellow employees’ mutual aid or protection, or legally required activities.
Continued Applicability of Other Infection Control Policies and Protocols
This Mandatory Vaccination Policy is a key part of our overall strategy and commitment to maintaining a safe and healthy workplace in light of the COVID-19 pandemic. This policy is designed for use together with, and not as a substitute for, other COVID-19 prevention measures, including Adam’s existing health and safety measures implemented in response to COVID-19. We need your full cooperation and compliance with this and other health and safety workplace policies to make them effective and to protect you and your co-workers by preventing the spread of COVID-19.
Policy Modification
Government and public health guidelines and restrictions and business and industry best practices regarding COVID-19 and COVID-19 vaccines are changing rapidly as new information becomes available and further research is conducted. Adam’s reserves the right to modify this policy at any time in its sole discretion to adapt to changing circumstances and business needs, consistent with its commitment to maintaining a safe and healthy workplace.
Policy Administration and Questions
The Human Resources Department is responsible for administering and enforcing this policy. If you have any questions about this policy or about health and safety issues that are not addressed in this policy, please contact the Human Resources Department.
ADAM’S EUROPEAN CONTRACTING INC.
589 Johnson AVENUE
BROOKLYN NY 11237
tel. 718-417-9000 fax. 718-417-1093
ACKNOWLEDGMENT OF RECEIPT AND REVIEW OF
MANDATORY COVID-19 VACCINATION POLICY
I, _______________________ (employee name), acknowledge that on _____________________ (date), I received a copy of Adam’s European Contracting Inc. (Adam’s) Mandatory COVID-19 Vaccination Policy and that I read it, understood it, and agree to comply with it. I understand that the information in this policy is intended to help Adam’s employees to work together effectively on assigned job responsibilities. I also understand that at the time of vaccination I will be provided with information from the vaccine administrator about the benefits and risks of the COVID-19 vaccine, and that signing this policy acknowledgment does not constitute consent to receiving the vaccine. I understand that Adam’s has the maximum discretion permitted by law to interpret, administer, change, modify, or delete this policy at any time with or without notice. No statement or representation by a supervisor or manager or any other employee, whether oral or written, can supplement or modify this policy. Changes can only be made if approved in writing by the President of Adam’s.
I also understand that any delay or failure by Adam’s to enforce any work policy or rule will not constitute a waiver of Adam’s right to do so in the future. I understand that neither this policy nor any other communication by a management representative or any other employee, whether oral or written, is intended in any way to create a contract of employment. I understand that, unless I have a written employment agreement signed by an authorized Adam’s representative, I am employed at will and this policy does not modify my at-will employment status. If I have a written employment agreement signed by an authorized Adam’s representative and this policy conflicts with the terms of my employment agreement, I understand that the terms of my employment agreement will control.
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ADAM’S EUROPEAN CONTRACTING INC.
589 Johnson AVENUE
BROOKLYN NY 11237tel. 718-417-9000 fax. 718-417-1093
REQUEST FOR ACCOMMODATION
Instructions for Completing This Form: Consistent with applicable federal, state, and local law, and Adam’s European Contracting Inc. (Adam’s) will provide a reasonable accommodation to a qualified employee with a disability or sincerely held religious belief, observance, or practice if the accommodation would enable the employee to perform the essential functions of the job or access an employment benefit, unless doing so would pose an undue hardship on Adam’s. If you believe you need an accommodation because of your disability, you are responsible for requesting a reasonable accommodation from Human Resources.
Please submit the completed form to the Human Resources Department via email or in-person as soon as possible after your need for an accommodation is known. If you need extra space to complete this form, please attach additional pages. After receiving this form, Adam’s will contact you as quickly as possible to discuss your accommodation request, clarify your needs, and, if necessary, request additional information to assess your request. It is important for you and Adam’s to engage in this interactive process together, so please be sure to respond to any communications you receive from the Human Resources Department relating to this request. Adam’s prohibits retaliation against any individual for requesting a disability accommodation in good faith. If you have any questions about this form or the status of any accommodation request, or if you need assistance with filling out this form or making a request, please contact the Human Resources Department.
Employee Information
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Employee Name:
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Name of Person Making Request on Behalf of Employee (if applicable):
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Position/Department:
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Direct Supervisor:
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Accommodation Request
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Provide the reason you need an accommodation (for example, a disability, medical condition, or sincere religious belief, observance, or practice):
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Describe what limitation, if any, is interfering with your ability to perform your job or access an employment benefit:
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Describe how the accommodation requested will help you perform the essential functions of your job or access an employment benefit:
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Is this request time-sensitive? Yes/No (circle one). If yes, please explain:
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Provide any additional information you think may be relevant to this request:
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FOR OFFICE USE ONLY:
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Date Request Received
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TO BE RETAINED ON FILE