Executive Order 11

March 10, 2022

Updated Safety Practices of Public-Facing Contracted Personnel During the COVID-19 Crisis

Download Executive Order 11

WHEREAS, Executive Order No. 79, dated September 10, 2021, and continued by Executive Order No. 1, dated January 1, 2022, requires City agencies to ensure that certain employees of contractors or subcontractors holding a contract awarded by the City wear a face covering when they are interacting with members of the public, present in certain locations, or in a shared workspace; and

WHEREAS, on October 29, 2021, the Commissioner of Health and Mental Hygiene ordered all contractors of City agencies that work alongside City employees in locations controlled by the City to provide proof that they have been fully vaccinated, and on December 13, 2021, the Commissioner of Health and Mental Hygiene ordered all workers who interact with the public to provide proof they have been fully vaccinated; and

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

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

WHEREAS, New York State Commissioner of Health Mary T. Bassett issued updated guidance removing the requirement for masking in schools on March 1, 2022, and on March 2, 2022, issued a determination eliminating the requirement to wear masks in indoor spaces other than in healthcare settings, certain adult care facilities, correctional facilities and detention centers, homeless and other shelters, and public transportation conveyances and transportation hubs;

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

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 Executive Order No. 79, dated September 10, 2021, is RESCINDED and replaced by this Order, effective March 10, 2022.

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

Contract. The term “contract” means a contract awarded by the City, and any subcontract under such a contract, for work: (i) to be performed within the City of New York; and (ii) where employees can 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 “covered employee” means a person (i) employed by a contractor or subcontractor holding a contract; (ii) whose salary is paid in whole or in part from funds provided under a City contract; and (iii) who performs any part of the work under the contract within the City of New York.  However, a person whose work under the contract does not include physical interaction with City employees or members of the public shall not be deemed to

§ 3. Requirement. Effective March 10, 2022, all City agencies must take all necessary actions to ensure that their contractors:

a.         Require all covered employees to wear a face covering when: (i) interacting with members of the public in an indoor setting; or (ii) present in a location where the State Commissioner of Health has determined face coverings must be worn.

b.         Authorize covered employees to remove their face covering in the workplace (indoors or outdoors) only when they are not required by subdivision (a) of this section to wear the face covering.
§ 4. This Order shall take effect immediately.

Eric Adams
Mayor