Biden Administration Releases Anticipated Private Employer Vaccine Mandate
Source: ICCFA
Today, November 4, the Biden Administration issued its anticipated vaccine mandate for private businesses with over 100 employees. The policy, which was developed and will be enforced by the United States Department of Labor, Occupational Health and Safety Administration (OSHA), is being touted not as a mandate to get vaccinated, but rather a mandate for businesses to develop, implement, and enforce mandatory COVID-19 vaccination policies that can include requiring employees to either get vaccinated or test once a week and wear a face covering at work. The new federal requirement, which was issued in the form of an Emergency Temporary Standard so that it could be expedited under federal rulemaking procedures, is set to take effect after the holiday season.
- Businesses have until January 4, 2022 to require employees either get vaccinated or weekly tested.
- Any employee testing positive is prohibited from entering the workplace.
- Companies are not required to pay for or provide the tests unless they are otherwise required to by state or local laws or in labor union contracts.
- By December 5, 2021, however, all unvaccinated workers must begin wearing masks.
- Companies will also be required by December 5 to begin providing paid time off for employees to get vaccinated and paid sick leave for them to recover from any side effects.
- OSHA will enforce the rule via on-site inspections.
- Fines for failure to comply are set to range from $13,653 per serious violation to $136,532 if a company willfully violates the rules.
- OSHA will provide technical assistance in the form of sample implementation plans, fact sheets and other materials to help employers comply.
The new requirement is expected to face legal challenges from both sides. Republican governors oppose the rule for its overreach and labor unions argue it is not protective enough. It is not clear at this point how the rule will standup in the courts.
