USDA is aware of the U.S. Court of Appeals for the Fifth Circuit opinion regarding Executive Order 14043 on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. There are still procedural steps that need to take place to lift the injunction; at this time, the district court’s preliminary injunction remains in effect. USDA will continue to take no action to implement or enforce the COVID-19 vaccination requirement pursuant to Executive Order 14043 until further notice that the injunction has been lifted.

On Fridays, USDA continues to share the CDC’s COVID-19 community levels to guide masking protocols for the following week. The CDC COVID Community Levels and masking protocols for the week of Sunday, April 17, through Saturday, April 23, are here. 

For additional information see the latest versions of the Safer Federal Workforce Task Force Guidance on masking, the USDA COVID-19 Workplace Safety Plan, and our Frequently Asked Questions on USDA’s Response to COVID-19 Workplace Safety.

1. Who will be enrolled in the testing program?

USDA employees who are not fully vaccinated or have not submitted proof they are fully vaccinated will be enrolled in their agency’s screening testing program. Employees enrolled in the screening testing program will be tested each week that they are required to work onsite in a federal building or worksite that is located in a county where the COVID-19 Community Level is medium or high, as required by the Safer Federal Workforce Task Force guidance. USDA is finalizing testing program guidance and will share that soon.

Employees may submit proof of vaccination, including booster shots. Employees should contact their supervisor or pandemic coordinator with questions about submitting proof of vaccination.

2. Why are vaccinated employees not required to be tested? What it is the science behind it?

CDC routinely analyzes data from multiple studies to understand how well COVID-19 vaccines are working in the real world among all people who are eligible for vaccination. These studies continue to show that COVID-19 vaccines are effective at preventing severe disease from COVID-19, including hospitalization. A COVID-19 vaccine booster dose increases vaccine effectiveness against SARS-CoV-2 infection and hospitalization, including against the Omicron variant.

Although there have been so-called “breakthrough” cases reported in vaccinated individuals, the science shows that they have been comparatively rare and much less severe than infection and illness in unvaccinated individuals.

3. Can I request a reasonable accommodation or religious accommodation for an exemption from testing? Will I be enrolled in the testing program if I requested an accommodation for an exemption from testing?

Employees can request a reasonable (or medical or religious) accommodation regarding the testing program due to a medical condition or a sincerely held religious belief, practice or observance through their Reasonable Accommodation Coordinator or Religious Accommodation Coordinator.

If your request for an accommodation for testing is denied or pending, you will be enrolled into the testing program. If your accommodation request is pending, you will not be required to submit to the testing, but you will not be permitted to enter a federal building during a week when testing is required pursuant to the Safer Federal Workforce Task Force guidance until your request is processed and a final determination is made.

The Big Three: Part 13

To the extent this policy may constitute a change in a condition of employment for bargaining unit employees, agencies/offices will implement it in accordance with the terms of their current labor agreement and 5 U.S.C. Chapter 71. If you are a bargaining unit employee and have questions regarding the content of this message and its potential impact on a current labor agreement, please refer them to your local union representative.