COVID-19 Vaccines: Step-by-Step Guide for Community Action

This step-by-step guide is intended to help the Community Action network be nimble with respect to their approaches to vaccines in the workplace and maintaining compliance with applicable federal mandates issued by Head Start and the Centers for Medicare & Medicaid Services (CMS). Various legal challenges to the mandates, including to the OSHA Emergency Temporary Standard and the Head Start vaccine mandate, have resulted in many CAAs no longer being subject to any federal vaccination, testing, or masking requirements. However, such CAAs may, subject to their state and local laws, voluntarily adopt their own workplace rules regarding COVID-19 vaccines, tests, and masks.

This guide helps CAAs subject to vaccine mandates as well as those voluntarily adopting a mandate think through their implementation and enforcement procedures. We describe the planning process your CAA should consider as you develop and update your COVID-19 approach. We also provide template policies and additional resources to assist your CAA in preparing for and implementing federal mandates and your own workplace rules. We will update this resource as additional guidance is issued and legal developments arise.

1. Identify if a mandate applies

2. Determine timeline

3. Identify an approach

4. Adopt written vaccine policy

5. Review leave policies

6. Maintain OSHA reports

7. Review accommodations process

8. Understand enforcement + penalties

9. Additional resources

If a federal mandate does not apply, then the time frame for your approach may be governed by your state laws and your workplace policies, as approved by your board of directors. If a federal mandate applies, then you must maintain compliance with the deadlines set forth in those mandates.

CMS

Following the Supreme Court’s decision on January 13, 2022 lifting the stay that had blocked the CMS Rule from taking effect in 25 states, CMS updated its compliance deadlines to account for stay-related implementation delays in those states. As a result, three separate sets of compliance deadlines currently exist. CAAs subject to the CMS Rule should apply the deadlines relevant to their states:

For California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, North Carolina, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington, and Wisconsin:

By January 27, 2022:

      • Adopt policy mandating vaccination for all covered individuals.*
      • Determine the vaccination status of each covered individuals.
      • Covered individuals must have received their first dose of a vaccine.

By February 28, 2022:

      • Covered individuals must be fully vaccinated or, if taking a two-dose vaccine, have received their second shot.

For Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming:

By February 14, 2022:

      • Adopt policy mandating vaccination for all covered individuals.*
      • Determine the vaccination status of each covered individuals.
      • Covered individuals must have received their first dose of a vaccine. 

By March 15, 2022:

      • Covered individuals must be fully vaccinated or, if taking a two-dose vaccine, have received their second shot.

For Texas:

By February 21, 2022:

      • Adopt policy mandating vaccination for all covered individuals.*
      • Determine the vaccination status of each covered individuals.
      • Covered individuals must have received their first dose of a vaccine.

By March 21, 2022:

      • Covered individuals must be fully vaccinated or, if taking a two-dose vaccine, have received their second shot.
* Defined to include all staff, including those providing services in home or community settings, who directly provide any care, treatment, or other services for the facility and/or its patients, including employees; licensed practitioners; students, trainees, and volunteers; and individuals who provide care, treatment, or other services for the facility and/or its patients, under contract or other arrangement, or individuals who have the potential to come into contact with anyone who may be present at the facility, including staff and patients. This includes administrative staff, facility leadership, volunteer or other fiduciary board members, housekeeping and food services, and others.

Head Start

By November 30, 2021:

  • Require all individuals aged two or older, whether vaccinated or unvaccinated, to wear a mask while indoors in a setting when Head Start services are provided and when in a vehicle owned, leased, or arranged by the Head Start program.
  • Require all unvaccinated individuals aged two or older to wear a mask while outdoors in crowded settings, or during activities that involve sustained close contact with other people.

By January 31, 2022:

  • Covered individuals must be fully vaccinated, or have received the final dose of a primary vaccination series. Employees who have completed their vaccination series (i.e., received the second dose of a two-dose series, or received the first dose of a one-dose series) by January 31st but have not yet completed the two-week waiting period will be considered fully vaccinated for purposes of this deadline.

This resource is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance Center. It was created by CAPLAW in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services, Cooperative Agreement Award Number 90ET0467-03-C3. Any opinion, findings, conclusions, or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.