J-8. Consolidated DoD COVID-19 Guidance Rev 3_2022-08-29.pdf

Current as of August 29, 2022

Consolidated Department of Defense Coronavirus Disease 2019

Force Health Protection Guidance

This guidance issued by the Under Secretary of Defense for Personnel and Readiness

(USD(P&R)) presents a uniform and consolidated DoD policy for the Department’s response to the coronavirus disease 2019 (COVID-19) pandemic and serves as the DoD COVID-19

Workplace Safety Plan.1 Implementation of this guidance will comply with: 1) applicable court orders, Presidential directives, and Office of Management and Budget (OMB) and Safer Federal

Workforce Task Force guidance; and 2) applicable labor obligations to the extent such obligations do not hinder the DoD Components’ ability to carry out their missions during this public health emergency. Prior delegations and exceptions made pursuant to the rescinded references remain valid unless rescinded by the authorizing official. Individual sections of this guidance will be updated as necessary by the USD(P&R).

This guidance will be posted, and updated as necessary, at:

https://www.defense.gov/Explore/Spotlight/Coronavirus/Latest-DOD-Guidance/. DoD

Components should monitor this website to obtain the most current version of this guidance.

Changes from the previous version will be identified in bold and italics.

Furthermore, this guidance consolidates, incorporates, and rescinds the following policy and guidance:

• Secretary of Defense Memorandum, “Guidance for Commanders’ Risk-Based

Responses and Implementation of the Health Protection Condition Framework

During the Coronavirus Disease 2019 Pandemic,” April 29, 2021

• Secretary of Defense Memorandum, “Use of Masks and Other Public Health

Measures,” February 4, 2021

• Secretary of Defense Memorandum, “Updated Conditions-based Approach to

Coronavirus Disease 2019 Personnel Movement and Travel Restrictions.”

March 15, 2021

• Secretary of Defense Memorandum, “Way Forward for SARS-CoV-2 Testing Within the Department of Defense,” April 29, 2021

• Deputy Secretary of Defense Memorandum, “Updated Coronavirus Disease 2019

Guidance Related to Travel and Meetings,” September 24, 2021

• Deputy Secretary of Defense Memorandum, “Mandatory Coronavirus Disease 2019

Vaccination of DoD Civilian Employees,” October 1, 2021

• Under Secretary of Defense Memorandum, “Administrative Leave for Coronavirus

Disease 2019 Vaccination of Department of Defense Employees,” April 14, 2021

• Under Secretary of Defense Memorandum, “Force Health Protection Guidance for the Novel Coronavirus,” January 30, 2020, and all supplements.

• Under Secretary of Defense Memorandum, “Civilian Personnel Guidance for DoD

Components in Responding to Coronavirus Disease 2019,” March 8, 2020

1 Executive Order (EO) 13991, “Protecting the Federal Workforce and Requiring Mask-Wearing,” January 20, 2021.

• Under Secretary of Defense Memorandum, “Updated Guidance for Mask and

Screening Testing for all Department of Defense Installations and Other Facilities,”

March 1, 2022

Note: The Deputy Secretary of Defense approved the rescission of listed Deputy Secretary of

Defense and Secretary of Defense memoranda and consolidation of these references into this guidance in the Deputy Secretary of Defense Memorandum, “Updated Coronavirus Disease 2019

Guidance Related to Travel and Meetings,” September 24, 2021. This September 24, 2021 memorandum authorized the USD(P&R) to rescind memoranda issued by the Secretary of

Defense or the Deputy Secretary of Defense for purposes of updating and consolidating force health protection guidance on travel, meetings, or any other COVID-19 personnel- or health-related matter.

LIST OF REVISIONS

Section Date of Most

Recent Revision

Executive Summary April 4, 2022

Section 1 – Health Protection Condition (HPCON) Framework

1.1. HPCON Framework. August 29, 2022

1.2. Authority to Determine HPCON Levels. August 8, 2022

1.3. Criteria for Changing HPCON Levels. August 29, 2022

1.4. Workplace Occupancy Levels Within the HPCON Framework. August 8, 2022

Section 2 – Vaccination Verification and Measures Based on

Vaccination Status

2.1. Vaccination and Testing Requirements. April 4, 2022

Section 3 – Conducting Testing for Suspected COVID-19 Cases and

General Eligibility for DoD-Conducted Testing

3.1. Vaccination and Testing Requirements. April 4, 2022

3.2. DoD Laboratories and Tests. August 8, 2022

3.3. Eligibility for DoD Personnel, Other Beneficiaries, and Other

Populations for Testing. April 4, 2022

Section 4 – Surveillance and Screening Testing

4.1. Conducting Required Screening Testing. April 4, 2022

4.2. Health Surveillance Activities. August 8, 2022

4.3. Methods for Operational Risk Reduction. April 4, 2022

4.4. COVID-19 Contact Tracing and Testing. August 8, 2022

Section 5 – Protecting Personnel

5.1. General Measures for Personnel. August 8, 2022

5.2. Physical Distancing. August 8, 2022

5.3. Masks. August 8, 2022

5.4. Case Management and Restricting Workplace Access – Service

Members. August 8, 2022

5.5. Restricting Workplace Access – Personnel Other Than Service

Members. August 8, 2022

5.6. Restricting Workplace Access – State and Local Restrictions. April 4, 2022

5.7. Issuance of Medical Personal Protective Equipment. April 4, 2022

5.8. Cleaning and Disinfecting. April 4, 2022

5.9. Heating, Ventilation, and Air Conditioning (HVAC). April 4, 2022

5.10. Safety Audits, Inspections, and Training. April 4, 2022

5.11. Maintenance. April 4, 2022

Section 6 – Meetings August 8, 2022

Section 7 – Travel

7.1. General Travel Guidance. August 8, 2022

7.2. Risk Assessment Prior to Travel. August 8, 2022

7.3. ROM Requirements. April 4, 2022

7.4. Testing Requirements. August 8, 2022

7.5. Specific Guidance by Type of Travel. August 8, 2022

7.6. Additional Guidance for Reserve and National Guard Personnel. April 4, 2022

7.7. Additional Guidance to Assist Commanders with Travel

Decisions.

August 8, 2022

Section 8 – Protection of Personally Identifiable Information Related to COVID-19

8.1. General. April 4, 2022

8.2. Additional Requirements for Information Collected from DoD

Civilian Employees.

April 4, 2022

Section 9 – Definitions August 8, 2022

TABLE OF CONTENTS

EXECUTIVE SUMMARY

SECTION 1: HEALTH PROTECTION CONDITION (HPCON) FRAMEWORK

1.1. HPCON Framework

1.2. Authority to Determine HPCON Levels

1.3. Criteria for Changing HPCON Levels

1.4. Workplace Occupancy Levels within the HPCON Framework

SECTION 2: VACCINATION VERIFICATION AND MEASURES BASED ON VACCINATION STATUS

2.1. Vaccination and Testing Requirements

SECTION 3: CONDUCTING TESTING FOR SUSPECTED COVID-19 CASES AND GENERAL

ELIGIBILITY FOR DOD-CONDUCTED TESTING

3.1. Testing Considerations

3.2. DoD Laboratories and Tests

3.3. Eligibility of DoD Personnel, Other Beneficiaries, and Other Populations for Testing. 28

SECTION 4: SURVEILLANCE AND SCREENING TESTING

4.1. Conducting Required Screening Testing

4.2. Health Surveillance Activities

4.3. Methods for Operational Risk Reduction

4.4. COVID-19 Contact Tracing and Testing

SECTION 5: PROTECTING PERSONNEL

5.1. General Measures for Personnel

5.2. Physical Distancing

5.3. Masks

5.4. Case Management and Restricting Workplace Access – Service Members

5.5. Restricting Workplace Access – Personnel Other Than Service Members

5.6. Restricting Workplace Access – State and Local Restrictions

5.7. Issuance of Medical Personal Protective Equipment

5.8. Cleaning and Disinfecting

5.9. Heating, Ventilation, and Air Conditioning (HVAC)

5.10. OSHA-Required Illness Recordkeeping

5.11. Safety Audits, Inspections, and Training

5.12. Maintenance

SECTION 6: MEETINGS

SECTION 7: TRAVEL

7.1. General Travel Guidance

7.2. Risk Assessment Prior to Travel

7.3. ROM Requirements

7.4. Testing Requirements

7.5. Specific Guidance by Type of Travel

7.6. Additional Guidance for Reserve and National Guard Personnel

7.7. Additional Guidance to Assist Commanders with Travel Decisions

SECTION 8: PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION RELATED TO COVID-19 55

8.1. General

8.2. Additional Requirements for Information Collected from DoD Civilian Employees

SECTION 9: DEFINITIONS

EXECUTIVE SUMMARY

The DoD is committed to providing safe working environments across the entire DoD enterprise, which consists of an approximately 2.9 million-person global workforce deployed or stationed in nearly 150 countries, including military Service members and their families, and

DoD civilian and contractor personnel that work in a highly complex and large number of diverse and unique environments. This force health protection (FHP) Guidance (“Guidance”) was developed to protect the DoD workforce, contractor personnel, other occupants, and visitors

(collectively referred to as “personnel”) before, during, and after our orderly and final return to the physical workplace (“final reentry”). The Guidance is intended to meet the direction of the

President’s EOs2 and guidance from the Safer Federal Workforce Task Force (“Task Force”) and

OMB,3, 4 and articulate steps the DoD has been and will be taking to halt the spread of COVID-

19.

Consistent with Task Force and OMB guidance, this Guidance includes policies and procedures that incorporate the best available data and science-based measures and activities that focus on health and safety and on workplace operations. DoD uses the latest guidance from the

Centers for Disease Control and Prevention (CDC), and requirements from the Occupational

Safety and Health Administration (OSHA) and other relevant Federal agencies as the starting point for developing COVID-19 policy and guidance.

The Department began publishing FHP guidance and policy to address COVID-19 in

January 2020. In February 2021, the Secretary of Defense directed the review of all guidance and policy memoranda previously issued for COVID-19.5 The review was completed in April

2021, and subsequent updates align DoD COVID-19 policy and guidance with current Task

Force, OMB, CDC, and OSHA guidance as appropriate.

The DoD COVID-19 Task Force is responsible for recommending updated DoD COVID-

19 policy. The Deputy Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff co-chair the DoD COVID-19 Task Force which assembles as needed for meetings virtually and in person and includes representatives from senior leadership across the Department, including the Secretaries of the Military Departments (MILDEPs), Under Secretaries of Defense, and

Combatant Commanders.

DoD has long recognized the threat posed by pandemics and disease outbreaks and has previously issued guidance, planning, and policy documents to prepare for and respond to such

2 EO 14042, “Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors,”

September 9, 2021; EO 14043, “Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal

Employees,” September 9, 2021.

3 Documents from the Safer Federal Workforce Task Force are available at:

https://www.saferfederalworkforce.gov/overview/.

4 Office of Management and Budget Memorandum, Office of Personnel Management, and General Services

Administration, M-21-25, “Integrating Planning for A Safe Increased Return of Federal Employees and Contractors to Physical Workplaces with Post-Reentry Personnel Policies and Work Environment,” June 10, 2021 5 Secretary of Defense Memorandum, “Strategic Review and Reissuance of All Coronavirus Disease 2019 Policy

Documents,” February 2, 2021.

https://www.saferfederalworkforce.gov/overview/ threats. The DoD also recognizes that successfully managing the COVID-19 pandemic requires the flexibility to adapt to changing conditions (e.g., variants, and disease prevalence or virulence) and new information (e.g., evolving best health and safety practices).

The DoD is committed to protecting its workforce and stakeholders from the effects of the COVID-19 pandemic, while preserving our ability to complete its mission. As data becomes available, science-based evidence emerges, and the CDC, OSHA, and other cognizant agencies, departments, and other elements of the Federal Government revise and develop new recommendations to protect the workforce, the DoD will incorporate them into its current and future policies and guidance as appropriate.

SECTION 1: HEALTH PROTECTION CONDITION (HPCON)

FRAMEWORK

1.1. HPCON FRAMEWORK.

Installations6 will manage COVID-19 health protection measures using HPCON levels.

HPCON 0 is the base level for the HPCON Framework and represents a return to normal operations.

Table 1, below, contains FHP activities installation commanders will undertake at each

HPCON level, in addition to those required elsewhere in this guidance. Installation commanders must change the HPCON level no later than 2 weeks after the CDC

Community Level has been elevated and may change the HPCON level 2 weeks after the

CDC Community Level has been decreased. Installation commanders may deem it necessary to take additional precautions for select personnel and medically vulnerable populations (e.g., those who are elderly, have underlying health conditions or respiratory diseases, or are immunocompromised) and are both encouraged and authorized to do so. Installation commanders may further impose additional requirements appropriate for a particular local setting, operational requirement, and/or based on transmission risk regardless of HPCON level.

1.2. AUTHORITY TO DETERMINE HPCON LEVELS.

The authority to determine HPCON levels (“HPCON implementation”), subject to the requirements in section 1.1, is delegated to the Secretaries of the MILDEPs and Geographic

Combatant Commanders and may be further delegated in writing to a level no lower than installation commanders in the grade of O-6 or higher. The Director of Administration and

Management (DA&M) has HPCON implementation authority for the Pentagon Reservation, subject to the requirements in section 1.1. The Defense Logistics Agency (DLA) has HPCON implementation authority for four locations.7

Geographic Combatant Commanders have authority to determine HPCON implementation policy in accordance with operational requirements, and to match relevant Host

Nation (HN) and allied forces standards, as applicable. Installation commanders outside the

United States have unique geographic constraints and operational considerations for FHP. U.S.

personnel should respect relevant HN and allied forces standards, as applicable, and should

6 For the purposes of this guidance, a military installation is a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Secretary of a Military Department or the

Secretary of Defense, including any leased facility, which is located within any State, the District of Columbia, the

Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana

Islands, or Guam. In the case of an activity in a foreign country, a military installation is any area under the operational control of the Secretary of a Military Department or the Secretary of Defense, without regard to the duration of operational control.

7 DLA Land & Maritime (Columbus, OH), DLA Distribution HQ (New Cumberland, PA), DLA Aviation

(Richmond, VA), and DLA Distribution (San Joaquin, CA).

consult with relevant HN authorities, including public health and medical authorities, when deciding to change HPCON levels.

1.3. CRITERIA FOR CHANGING HPCON LEVELS.

HPCON level determinations for COVID-19 are based on the CDC COVID-19

Community Levels reported by the CDC,8 which include screening levels that make use of new case-rates and health and health care systems-related information. HPCON Levels A, B, and C correspond directly to CDC COVID-19 Community Levels of low, medium, and high community transmission, respectively.9

Installation commanders must change the HPCON level no later than 2 weeks after the CDC COVID-19 Community Level has been elevated, unless the installation commander documents, in writing, a compelling rationale to maintain the current HPCON level after coordination with the installation Public Health Emergency Officer.

Installations outside the United States should utilize local community-level data, if available, in setting HPCON levels. Otherwise, installation commanders should consider consulting country-level data for their HN and case-rate information available from the CDC at:

https://covid.cdc.gov/covid-data-tracker/#global-counts-rates and the World Health Organization at https://covid19.who.int/. Other sources of data on which installation commanders may rely include academic institutions if such HN data is inaccessible.10

Elevation to HPCON D should be based on the determination that there is substantial loss of medical capabilities in the local community. The factors listed in Table 1, below, must be considered when determining whether to move to or from HPCON D.

Table 1, below, includes FHP measures that installation commanders may undertake at each HPCON level, in addition to those required elsewhere in this guidance.

8 An overview of the CDC COVID-19 Community Levels is available at: https://www.cdc.gov/coronavirus/2019-ncov/science/community-levels.html.

9 County Community Levels are available for U.S. States and territories is available at:

https://www.cdc.gov/coronavirus/2019-ncov/science/community-levels.html. Find community levels by “State or

Territory” and then by “County or Metro Area.” Jurisdictions which are not counties, such as the District of

Columbia, also are listed under “County or Metro Area.” The Pentagon is in Arlington County, Virginia.

10 Note: local areas within a country may experience very different COVID-19 case rates than country-specific data.

TABLE 1: Force Health Protection Measures by HPCON Level for the COVID-19 Pandemic

HPCON D

Severe

High COVID-19 Community Level* Risk, with degraded availability of medical countermeasures, and substantial loss of medical capability

High COVID-19 Community Level* in the county in which the installation is located.

AND any of the following

Civilian healthcare capability and utilization (percent and trend)*:

>50 percent staffed of hospital beds filled with individuals who have COVID-19 as the primary admission criteria; or

>70 percent of staffed intensive care unit

(ICU) beds filled with individuals who have

COVID-19 as the primary admission criteria; or

Overall staffed hospitals and ICUs have limited to no capacity.

OR

Military Health System (MHS) health care capability and utilization (percent and trend):

Degradation of MHS capabilities requiring

Crisis Status operations; and >95 percent staffed bed occupancy; or

>50 percent military medical treatment facility (MTF) staff in isolation or quarantine or unvaccinated; or

>60 percent staff absent who provide urgent or emergent care; and

Local emergency departments on divert or inability of civilian health care to absorb excess MHS patients; or

Clinical or appointment capability reduced

>60 percent in key departments.

OR

Other factors:

Loss of vaccine effectiveness in available vaccines resulting in vaccinated individuals routinely experiencing severe disease, hospitalization or death; or

Utilize measures from HPCON A, B and C with the following modifications:

a. Less than 25 percent of normal occupancy in the workplace, or the minimum required on-site for essential operations that must be conducted in person.

b. Strongly consider declaring a local Public

Health Emergency.

c. Consider limiting visitor access to the installation to only those required for mission essential activities.

d. Cancel non-mission-essential activities.

e. Close non-essential services (e.g., fitness centers, leisure and recreational facilities, beauty/barber shops, non-essential retail, dine-in eating establishments).

f. Consider potential delay or cancelation of exercises.

g. Restrict or suspend social gatherings to the greatest extent possible.

h. Follow any other applicable force health protection guidance at:

https://www.defense.gov/Spotlights/Coro navirus-DOD-Response/Latest-DOD-

Guidance/.11

11 For information about masking and screening testing at the various HPCON levels, refer to sections 2.1 and 5.3.

Elevated case levels resulting in significant curtailment of essential services either on installation or in civilian communities immediately adjacent to the installation

(e.g., emergency response, security, facility maintenance, and energy/communication).

*CDC COVID-19 Community Level (by county) can be found at:

https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html

HPCON C

High

High COVID-19 Community Level* Risk

High COVID-19 Community Level* in the county in which the installation is county) Civilian county level data can be found at:

https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.htm.

Utilize measures from HPCON A and B with the following modifications:

a. Less than 50 percent of normal occupancy in the workplace.

b. Consider limiting visitor access to the installation for non-essential mission-related/operational activities.

c. Limit social gatherings to less than 50 percent facility/room occupancy.

d. MTFs may limit elective surgeries in accordance with guidance from the

Defense Health Agency and the Assistant

Secretary of Defense for Health Affairs.

e. Consider re-scoping, modifying, or potentially canceling exercises.

f. Indoor common areas and large venues may be closed. Dining establishments may be limited to takeout.

g. Gyms may be closed at this level or operate at diminished occupancy.

h. Schools operated by the Department of

Defense Education Activity (DoDEA) will operate remotely.

i. Maximize telework to the greatest extent practical.

j. Follow any other applicable force health protection guidance at:

https://www.defense.gov/Spotlights/Coro

Guidance/.

HPCON B

Moderate

Medium COVID-19 Community level*

Risk

Medium COVID-19 Community Level* in the county in which the installation is found at:

https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.htm.

Utilize measures from HPCON A with the following modifications:

a. Less than 80 percent of normal occupancy in the workplace.

b. Permit liberal telework where possible, especially for individuals who self-identify as immunocompromised or being at high risk for severe disease.

c. Consider limiting occupancy of common areas where personnel are likely to congregate and interact by marking approved sitting areas or removing furniture to maintain physical distancing.

d. Follow any other applicable Force Health

Protection Guidance at:

https://www.defense.gov/Spotlights/Coro

HPCON A

Low

Low COVID-19 Community Level* Risk

Low COVID-19 Community Level* in the county in which the installation is found at:

https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.htm.

a. Less than 100 percent of normal occupancy in the workplace, with telework as appropriate.

b. Communicate to personnel how and when to report illness and seek care for potential influenza-like illness.

c. Common areas and large venues (e.g., sit-down dining, movie theaters, gyms, sporting venues, and commissaries) should adhere to established cleaning and sanitation protocols

d. DoDEA schools will operate following

CDC recommendations and guidelines specific to schools as implemented in operational procedures and guidance from the Director, DoDEA.12 Children are not required to mask. Any DoD guidance that is more stringent than CDC guidance must be followed.

e. Follow any other applicable Force Health

Protection Guidance at:

https://www.defense.gov/Spotlights/Coro

12 https://www.dodea.edu/covid-operations.cfm.

HPCON 0

Normal Baseline

a. Resume routine standard operations.

b. Maintain standard precautions such as routine hand washing, cough on sleeve, good diet, exercise, vaccinations, education, routine health alerts, and regular preparedness activities.

1.4. WORKPLACE OCCUPANCY LEVELS WITHIN THE HPCON FRAMEWORK.

Workplace occupancy limits for each HPCON level are included as measures in Table 1.

The workplace occupancy levels in Table 1 are ceilings, not goals. Reduced workplace occupancy may be achieved through telework, remote work, flexible scheduling, and other methods, as appropriate. At HPCON A or higher, DoD Components are granted an exception to policy from Enclosure 3, paragraph 3.j.(2) of Department of Defense Instruction 1035.01, “Telework Policy,” and may allow DoD civilian employees to telework with a child or other person requiring care or supervision present at home.

DoD Component heads have the authority to grant exemptions for workplace occupancy limits that are required for national security and the success of critical missions. DoD

Component heads, other than the Secretaries of the MILDEPs, may delegate this workplace occupancy limit authority in writing to a level no lower than a general/flag officer or Senior

Executive Service (SES) member (or equivalent). Secretaries of the MILDEPs may delegate workplace occupancy limit exemption authority in writing to a level no lower than an O-6 installation commander. The DA&M has workplace occupancy limit exemption authority for all

DoD Components located on the Pentagon Reservation and other facilities within the National

Capital Region managed by Washington Headquarters Services. This authority may be delegated at the discretion of the DA&M. DLA has workplace occupancy limit exemption authority for four locations.13 When considering a workplace occupancy limit exemption, those with exemption authority must take into account the ability to maintain distance between personnel and other public health and workplace safety measures contained in this Guidance.

A record of all workplace occupancy limit exemptions will be retained by the exemption authority for the duration of the pandemic and until returning to HPCON 0 and provided for awareness to the public health office concerned and to the installation commander, if different from the exemption authority. FHP measures and other appropriate mitigation measures shall be used rigorously in all areas and especially in areas for which an occupancy exemption has been grant.

13 DLA Land & Maritime (Columbus, OH), DLA Distribution HQ (New Cumberland, PA), DLA Aviation

(Richmond, VA), and DLA Distribution (San Joaquin, CA).

SECTION 2: VACCINATION VERIFICATION AND MEASURES BASED ON

VACCINATION STATUS

2.1. VACCINATION AND TESTING REQUIREMENTS.

1. Service members:

Service members (members of the Armed Forces under DoD authority on active duty or in the Selected Reserve, including members of the National Guard) are required to be fully vaccinated against COVID-19, subject to any identified contraindications, any administrative or other exemptions established in DoD policy, and any applicable court orders. Service members’ vaccination status will be validated utilizing their Military Service-specific Individual Medical

Readiness (IMR) system. If a Service member has been vaccinated against COVID-19 outside the military health system, that Service member must show official proof of his or her COVID-

19 vaccination status to update the IMR system.

Once the applicable mandatory vaccination date has passed, COVID-19 screening testing is required at least weekly for Service members who are not fully vaccinated, including those who have an exemption request under review or who are exempted from COVID-19 vaccination and are entering a DoD facility located in a county or equivalent jurisdiction where the CDC

COVID-19 Community Level is high or medium. Service members who are not on active duty and who also are DoD civilian employees or DoD contractor personnel must follow the applicable requirements in section 2.3 for DoD civilian employees or in section 2.4 for DoD contractor personnel.

2. DoD civilian employees:

At least weekly COVID-19 testing is required for those DoD civilian employees who are not fully vaccinated when the CDC COVID-19 Community Level is high or medium in the county or equivalent jurisdiction where the DoD facility is located. DoD civilian employees who are not fully vaccinated and who telework or work remotely on a full-time basis are not subject to weekly testing, but must provide a negative result (from a test performed within the prior 72 hours) for entry into a DoD facility located in the county where the COVID-19 Community

Level is high or medium.

Currently, the requirement for all Federal civilian employees to be vaccinated is not in effect. A U.S.

district court judge issued a nationwide preliminary injunction prohibiting implementation and enforcement of civilian employee vaccination requirements based on EO 14043. Requirements subject to the injunction and not currently in effect are included in this guidance in a strikeout form for ease of reinstitution by USD(P&R) should the injunction be lifted.

To ensure the safety of the DoD workforce,14 DoD civilian employees are required to be fully vaccinated, unless they have received a temporary or permanent exemption. “DoD civilian employee” includes foreign nationals employed by DoD outside the United States, to the maximum extent possible while respecting host nation agreement and laws. It also includes DoD civilian employees who are engaged in full-time telework or remote work.

If they have not already done so, supervisors of DoD civilian employees must ask DoD civilian employees whether they are fully vaccinated. Employees who indicate they are fully vaccinated must provide proof of that vaccination status to their supervisors. Acceptable proof includes:

a. A copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020);

b. A copy of medical records documenting the vaccination;

c. A copy of immunization records from a public health or State immunization information system; or

d. A copy of any other official documentation containing the data points required to be verified by the supervisor.

When necessary for implementing FHP measures related to workplace access in section

5.5, supervisors of DoD civilian employees may ask DoD civilian employees whether they are up to date with COVID-19 vaccinations. If there is a supervisory concern about the accuracy of the DoD civilian employee’s response, DoD civilian employees are required to provide proof of up-to-date vaccination status. Supervisors must not inquire about disabilities when asking DoD civilian employees about up-to-date vaccination status.

DoD requires that individuals who started their Government service after November 22, 2021, be fully vaccinated prior to their start date, except in limited circumstances where an accommodation is legally required. However, should DoD have an urgent, mission-critical hiring need to onboard new staff prior to those new staff becoming fully vaccinated, the DoD head may delay the vaccination requirement—in the case of such limited delays, DoD will require new hires to be fully vaccinated within 60 days of their start date and to follow safety protocols for not fully vaccinated individuals until they are fully vaccinated.

DoD civilian employees are eligible to receive the COVID-19 vaccine at any DoD vaccination site, including military medical treatment facilities. They may also opt to receive the

COVID-19 vaccine at locations other than DoD vaccination sites, such as retail stores, private medical practices, and/or local and State public health department sites.

DoD civilian employees are authorized administrative leave to receive COVID-19 vaccination doses. DoD civilian employees are authorized official duty time to receive COVID-

19 vaccination doses, including first, second, and booster shots. For DoD civilian employees who are unable to receive a COVID-19 vaccination within their duty hours, regular overtime rules are applicable. In most circumstances, DoD authorizes employees to take up to 4 hours to

14 Executive Order 14043, “Requiring Coronavirus Disease 2019 Vaccination for Federal Employees,” September 9, 2021.

travel to the vaccination site, complete any vaccination dose, and return to work—for example, up to 8 hours of duty time for employees receiving two doses (If an employee needs to spend less time getting the vaccine, only the needed amount of duty time should be granted). Employees taking longer than 4 hours must document the reasons for the additional time (e.g., they may need to travel long distances to get the vaccine). Reasonable transportation costs that are incurred as a result of obtaining the vaccine from a site preapproved by DoD are handled the same way as local travel or temporary duty cost reimbursement is handled based on DoD policy.

DoD civilian employees who experience an adverse reaction to a COVID-19 vaccination should be granted no more than 2 workdays of administrative leave for recovery associated with a single COVID-19 vaccination dose.

DoD will grant leave-eligible employees up to 4 hours of administrative leave per dose to accompany a family member who is receiving any COVID-19 vaccination dose. For example, up to a total of 12 hours of leave for a family member receiving three doses—for each family member the employee accompanies. If an employee needs to spend less time accompanying a family member who is receiving the COVID-19 vaccine, DoD will grant only the needed amount of administrative leave. Employees should obtain advance approval from their supervisor before being permitted to use administrative leave for COVID-19 vaccination purposes. Employees are not credited with administrative leave or overtime work for time spent outside their tour of duty helping a family member get vaccinated.

DoD civilian employees should use the time and attendance code for “physical fitness” to record administrative leave for COVID-19 vaccination recovery time that prevents the employee from working or for taking a family member to be vaccinated for COVID-19) The type hour code is “LN” and the environmental/hazard/other code is “PF.” Non-appropriated fund employers should code administrative leave related to COVID-19 in a way that can be easily reported.

3. DoD contractor personnel:

Vaccination requirements for DoD contractor personnel are outlined in several references.15 In implementing EO 14042, the DoD will comply with all relevant court orders.

Onsite DoD contractor personnel will complete the DD Form 3150, “Contractor

Personnel and Visitor Certification of Vaccination”;16 maintain a current completed copy; and show it to authorized DoD personnel upon request when they work at a DoD facility where the

CDC COVID-19 Community Level is high or medium. Failure to complete the DD Form 3150 may result in denying DoD contractor personnel access to the DoD facility to which access is sought. Onsite DoD contractor personnel who are not fully vaccinated against COVID-19, because they are not performing under a covered contract that requires COVID-19 vaccination, 15 Safer Federal Workforce Task Force, “COVID-19 Workplace Safety: Guidance for Federal Contractors and

Subcontractors,” September 24, 2021; Principal Director for Defense Pricing and Contracting Memorandum, “Class

Deviation 2021-O0009-Ensuring Adequate COVID-l9 Safety Protocols for Federal Contractors,” October 1, 2021;

EO 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors,” September 9, 2021.

16 https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd3150.pdf.

due to a legally required accommodation, or who decline to provide information about their

COVID-19 vaccination status, will be subject to COVID-19 screening testing at least weekly when the CDC COVID-19 Community Level for the facility in which they work is high or medium. DoD contractor personnel who refuse required COVID-19 screening testing will be denied access to DoD facilities.

For purposes of the requirements regarding providing information about vaccination status and screening testing, “contractor personnel” are those individuals issued a credential by

DoD that affords the individual recurring access to DoD facilities, classified herein as

“credentialed recurring access” (CRA) (e.g., Common Access Cardholders) who are performing under a contractor or subcontract between their employer and the DoD. “Contractor personnel” do not include employees of DoD contractors or subcontractors receiving ad hoc access to DoD facilities (e.g., delivery personnel, taxi services) or employees of DoD contractors or subcontractors who have access to the grounds of, but not the buildings on, DoD installations

(e.g., contract groundskeepers, fuel delivery personnel, household goods transportation personnel).

4. Official visitors:

“Official visitors” are non-DoD individuals seeking access, one time or recurring, in association with the performance of official DoD business (such as to attend a meeting), but who do not have CRA. “Official visitors” do not include personnel receiving ad hoc access to DoD facilities (e.g., delivery personnel, taxi services); individuals who have access to the grounds of, but not the buildings on, DoD installations (e.g., contract groundskeepers, fuel delivery personnel, household goods transportation personnel); personnel accessing DoD buildings unrelated to the performance of DoD business (e.g., residential housing); or personnel accessing

DoD facilities to receive a public benefit (e.g., commissary; exchange; public museum; air show;

military medical treatment facility; Morale, Welfare and Recreation resources).

Official visitors will complete DD Form 3150; maintain a current completed DD Form

3150; and show it to authorized DoD personnel, upon request when they are visiting a DoD facility where the CDC COVID-19 Community Level is high or medium. Failure to complete the DD Form 3150 may result in denial of an official visitor’s access to the DoD facility to which access is sought. Service members not on active duty or active duty for training are also subject to the requirements in this paragraph.

When visiting a DoD facility where the CDC COVID-19 Community Level is high or medium, official visitors who are not fully vaccinated against COVID-19, or who decline to provide information about their vaccination status, must show an electronic or paper copy of negative results from an FDA-authorized or approved COVID-19 test administered no earlier than 72 hours prior to their visit. If unable to show a negative COVID-19 test result, the official visitor may be provided onsite self-testing, if available, or will be denied access to the DoD facility (or facilities) to which access is sought. Service members who are not on active duty or on active duty for training at the time of their official visit are subject to the requirements in this paragraph.

Official visitors will follow applicable DoD policies and procedures, as well as the policies and procedures of the Department or Agency they are visiting, if different from the

DoD’s. See section 6, below, on Meetings, for how requirements apply to attendees of in-person in meetings, events, and conferences hosted by the DoD.

All official visitors must comply with all applicable FHP guidance.

2.2. ENFORCEMENT OF DOD CIVILIAN EMPLOYEE COVID-19 VACCINATION

REQUIREMENT.

a. DoD civilian employees who refuse to be vaccinated, or to provide proof of vaccination, are subject to disciplinary measures, up to and including removal from Federal service, unless the DoD civilian employee has received an exemption or the DoD civilian employee’s timely request for an exemption is pending a decision.

b. Progressive enforcement actions include, but are not limited, to:

(1) A 5 calendar-day period of counseling and education;

(2) A short suspension without pay, generally 14 calendar days or less, with an appropriate notice period. SES members may only be suspended for more than 14 calendar days;

(3) Removal from Federal service for failing to follow a direct order.

c. During the notice periods preceding adverse employment actions, DoD civilian employees generally should not be placed on administrative leave. DoD Components should require DoD civilian employees to continue to telework or report to the worksite and follow all mitigation measures applicable to not fully vaccinated DoD civilian employees when reporting to the worksite.

d. DoD Components will designate officials, at the appropriate organizational level, to handle the disciplinary process to promote consistent application of disciplinary measures. Such officials will decide each case with due regard to the facts and circumstances of that case.

e. Supervisors should contact their servicing human resources and legal offices to discuss options available to address individual situations regarding enforcement of this requirement.

Currently, the requirement for all Federal civilian employees to be vaccinated is not in effect. A U.S.

district court judge issued a nationwide preliminary injunction prohibiting implementation and enforcement of civilian employee vaccination requirements based on EO 14043. Requirements subject to the injunction and not currently in effect are included in this guidance in a strikeout form for ease of reinstitution by USD(P&R) should the injunction be lifted.

f. DoD Components are encouraged to identify an occupational health office, medical office, or other resource with which a DoD civilian employee may consult during the period of counseling and education.

2.3. EXEMPTIONS FROM DOD CIVILIAN EMPLOYEE COVID-19 VACCINATION

REQUIREMENT.

a. DoD civilian employees may request an exemption on the basis of a medical condition or circumstance or a sincerely held religious belief, practice or observance. Because all DoD civilian employees must now be vaccinated against COVID-19 as a condition of employment, exemptions will be granted in limited circumstances and only where legally required. The information collected must be handled in accordance with the privacy requirements in section 8.

b. Personnel.

(i) Decision Authority. Management official(s) will be designated to serve as

Decision Authorities to make decisions concerning requests for exemption from the COVID-19 vaccination requirement, in consultation with the organization's servicing legal office. Decision

Authorities will be at an appropriate level within the organization to consider the impact, if any, that granting a request will have on the DoD Component operations and to promote similar cases being handled in a consistent manner, with due regard for the facts and circumstances of each case. Each employee’s request must be considered on its own merits.

(ii) Subject Matter Experts. DoD Components may identify subject matter experts in areas such as human resources (HR), equal employment opportunity (EEO), medicine, and religious matters to serve as advisors to assist Decision Authorities. Such advisors may provide individual advice, as needed by the Decision Authority, but may not be used to develop a group or consensus recommendation or decision.

(iii) Administrative Support. DoD Components will provide appropriate personnel and other resources to administratively support the Decision Authorities, including support necessary to assist the Decision Authorities with preparing written products.

c. Employee Notice. DoD Components will inform DoD civilian employees how to make a request for an exemption. Requests needed to have been submitted no later than

November 8, 2021, absent extenuating circumstances, to be considered timely.

d. Employee Requests. To make a request for exemption from the COVID-19 vaccination requirement, DoD civilian employees must submit a request to their direct supervisor. For purposes of submitting this exemption request, “direct supervisor” includes an authorized human resources official. The employee must provide an official statement which describes the medical or religious reason the employee objects to vaccination against COVID-19.

Generally, such requests must be in writing. DoD civilian employees may use DD Form 3176 or

DD Form 3177 to submit their requests. DoD civilian employees who make oral requests may be provided a sample written request format and/or be interviewed to develop the basis for the request. While the use of the DD Form 3176 and DD Form 3177 is optional for DoD civilian employees, when DoD civilian employees make a request, they must provide the following information:

(1) Medical Exemption Requests.

• A description of the medical condition or circumstance that is the basis for the request for a medical exemption from the COVID-19 vaccination requirement;

• An explanation of why the medical condition or circumstance prevents the employee from being safely vaccinated against COVID-19;

• If it is a temporary medical condition or circumstance, a statement concerning when it will no longer be a medical necessity to delay vaccination against

COVID-19; and

• Any additional information, including medical documentation that addresses the employee’s particular medical condition or circumstance, which may be helpful in resolving the employee’s request for a medical exemption from the COVID-19 vaccination requirement.

(2) Religious.

• A description of the religious belief, practice, or observance that is the basis for the request for a religious exemption from the COVID-19 vaccination requirement;

• A description of when and how the DoD civilian employee came to hold the religious belief or observe the religious practice;

• A description of how the DoD civilian employee has demonstrated the religious belief or observed the religious practice in the past;

• An explanation of how the COVID-19 vaccine conflicts with the religious belief, practice, or observance;

• A statement concerning whether the DoD civilian employee has previously raised an objection to a vaccination, medical treatment, or medicine based on a religious belief or practice. If so, a description of the circumstances, timing, and resolution of the matter; and

• Any additional information that may be helpful in resolving the DoD civilian employee’s request for a religious exemption from the COVID-19 vaccination requirement.

e. Supervisor Responsibilities.

(i) Following receipt of an employee’s request for exemption, supervisors must update Section B of the employee’s DD Form 3175 to indicate that a request for exemption determination is pending.

(ii) As necessary, supervisors will engage with the employee to ensure completeness of the employee’s exemption request.

(iii) In coordination with human resources officials, supervisors will prepare an exemption request package that contains factual information about the circumstances of the employee’s request. A complete exemption request package will include the basis for the employee’s request and any supporting documentation submitted by the employee, a description of the nature of the employee’s job responsibilities and work environment, and any circumstances relevant to a management-level assessment of the reasonably foreseeable effects on the agency’s operations, including protecting the agency’s workforce and members of the public with whom the employee interacts in the workplace from COVID-19, if the employee remains unvaccinated.

(iv) Supervisors will forward the exemption request package to the Decision

Authority Support Office.

f. Decision Authority Support Office.

(i) DoD Components will establish Decision Authority Support Offices to support exemption request Decision Authorities.

(ii) The Decision Authority Support Office will intake exemption request packages and, under the supervision of the Decision Authority, provide administrative support to the

Decision Authority.

(iii) At the request of the Decision Authority, the Decision Authority Support Office may coordinate with subject matter experts to obtain written documentation which includes relevant factual information and, as necessary, a professional opinion related to the factual information, for inclusion in the exemption request package.

(iv) The Decision Authority Support Office may not provide a consensus opinion or recommendation to the Decision Authority.

g. Decision Authority Determination.

(i) The Decision Authority first analyzes the exemption request package. As necessary, the Decision Authority may request additional information and consult with subject matter experts.

(ii) After conducting a review of the exemption request, the Decision Authority makes a determination, prepares a written statement that includes the reasons for the determination (which may involve drafting assistance based on the Decision Authority’s instructions regarding its contents), and obtains a legal review of the determination.

(iii) In cases where the exemption is temporary or denied, the Decision Authority’s determination must specify a date by which the DoD civilian employee must be fully vaccinated against COVID-19. In specifying that date, DoD civilian employees must be given a minimum period of 14 days to receive their first (or only) dose of a COVID-19 vaccine.

h. Employee Notification of Determination. The Decision Authority Support Office will transmit the Decision Authority’s written determination to the DoD civilian employee’s supervisor, who, in turn, provides the DoD civilian employee with a copy of the written determination, updates the DD Form 3175, and informs the DoD civilian employee of next steps.

i. A chart illustrating the exemption request process is below.

Position Role/Responsibility Output Submit to

Requesting employee

Provide vaccination status via DD Form

3175 to indicate exemption pending.

Completed DD Form

3175.

Supervisor

Requesting employee

Request exemption. Completed DD Form

3176 (medical) or

DD Form 3177

(religious), as appropriate, or other request that contains the information required by FHP 23, Revision 3.

Supervisor, in consultation with HR officials

Provide relevant information concerning employee’s occupation and work environment, including:

availability of measures to physically distance requestor from co-workers and members of the public, the volume of exemption requests in the organization, and any other relevant information concerning the circumstances of the employee’s request.

Exemption request package that includes employee’s request and supervisory information concerning employee’s occupation, work environment, and other circumstances of the request.

Decision Authority

Support Office

Support Office

Receive and track processing of exemption request package. Supplement

Exemp…