Federal Vaccine Mandate Expected Soon

Source: ICCFA

In line with President Biden’s September announcement that his administration is preparing a COVID-19 vaccine mandate on employers with over 100 employees, on October 12, the United States Department of Labor, Occupational Safety and Health Administration (OSHA) delivered its final rule to the Office of Management and Budget (OMB) for review. The mandate, which will come in the form of an Emergency Temporary Standard (ETS), is expected to take effect soon after the agency completes its review and it is published in the Federal Register. It had been anticipated OMB would approve the rule by the end of the month, but the White House is meeting with business groups this week who are requesting a delay in issuing the rule until after the holiday season so as not to exacerbate staffing shortages during a critical time for retail and logistics companies. The ETS can remain in effect for six months while OSHA develops a permanent regulation.

Given the controversy over the COVID-19 vaccine and associated mandates, the OSHA mandate is expected to be challenged in the courts. Support for and opposition to vaccine mandates has become a partisan issue with congressional Republicans speaking out against them, but having little impact over the outcome due to their minority status in both the United States Senate and House of Representatives. On October 26, the House Education and Labor Committee, Subcommittees on Workforce Protections and Civil Rights and Human Services held a hearing entitled, “Protecting Lives and Livelihoods: Vaccine Requirements and Employee Accommodations.” During the hearing, arguments for and against vaccine requirements and accommodations fell along party lines. Earlier this month, every Republican member of the committee signed a letter to Department of Labor Secretary Marty Walsh urging OSHA against issuing the President’s proposed vaccine mandate for large employers. Additionally, a group of Republican senators has introduced a bill, the “Keeping Our COVID-19 Heroes Employed Act,” which would provide for an exemption for “all essential workers” from COVID vaccine requirements imposed by the federal government, a public or private federal contractor, a private entity receiving federal funds, or a public entity receiving funding under the coronavirus CARES Act, but is not expected to pass the Democrat-led Congress.

ICCFA will continue to monitor and provide members with updates as they are available.