Executive order 11 | City of New York

March 10, 2022

Updated safety practices from public-facing contract staff during the COVID-19 crisis

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WHILE Executive Order No. 79 of September 10, 2021 and continued by Executive Order No. 1 of January 1, 2022 requires city authorities to ensure that certain employees of contractors or subcontractors who have a contract awarded by the City: a covering faces when interacting with members of the public, being in designated locations, or in a shared workspace; and

WHILE on October 29, 2021, the Commissioner for Health and Mental Hygiene ordered all city agency contractors who work with city employees at city-controlled locations to provide proof of having been fully vaccinated and on December 13 In 2021 the Commissioner for Health and Mental Hygiene directed all workers dealing with the public to show proof of being fully vaccinated; and

WHEREAS, as of March 1, 2022, 96 percent of New York City adult residents and 86 percent of residents of any age have received at least one dose of a COVID-19 vaccine; and

WHEREAS New York State Governor Kathy Hochul has announced an end to the state’s mask requirement for schools and certain other indoor spaces based on an analysis of key COVID-19 data trends; and

WHEREAS New York State Health Commissioner Mary T. Bassett issued updated guidance on easing mask requirements in schools on March 1, 2022, and issued a regulation on March 2, 2022 raising the requirement to wear masks in other Indoors as in Health care facilities, certain adult care facilities, correctional facilities and detention centers, homeless and other shelters, and public transportation and transportation hubs;

THEREFORE NOW, pursuant to the powers conferred upon me by the laws of the State of New York and the City of New York:

Section 1. Executive Order No. 79 of September 10, 2021 is REPEATED and replaced by this Order effective March 10, 2022.

§ 2. Definitions. For purposes of this order, the following terms shall have the following meanings:

Contract. The term “Contract” means a contract awarded by the City and any subcontract under such contract for work: (i) to be performed within the City of New York; and (ii) where employees may be expected to physically interact with city employees or members of the public in the course of performing work under the contract.

Covered Employee. The term “insured employee” means a person who (i) is employed by a contractor or subcontractor; (ii) whose salary is paid in whole or in part from funds provided under a city contract; and (iii) performing a portion of the work under the Contract within the City of New York. However, a person whose work under the contract does not involve physical interaction with City employees or members of the public is not deemed to be such

§ 3. Requirement. From March 10, 2022, all city authorities must take all necessary measures to ensure that their contractors:

A. Require all Covered Employees to wear a face covering when: (i) interacting with members of the public indoors; or (ii) be present at a location where the State Commissioner of Health has determined that face coverings must be worn.

B. Authorize covered employees to remove their face coverings in the workplace (indoors or outdoors) only if they are not required to wear the face covering under subsection (a) of this section.
§ 4. This ordinance comes into force immediately.

Eric Adams

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