Chloe Ramirez
In September 2021, President Joe Biden announced that companies with more than 100 employees would be required to ensure their employees are fully vaccinated against COVID-19 or submit to weekly testing. This mandate has been met with mixed reactions, with some companies relieved to have the decision taken out of their hands, while others are awaiting further details on the implementation of the mandate. The Biden Administration's plan is expected to face legal challenges from Republican-led states, and some companies may try to skirt the mandate.
| Characteristics | Values |
|---|---|
| Companies with more than 100 employees | Must be vaccinated or tested weekly |
| Tower crews and field workers of companies with more than 100 employees | Exempt from the mandate if they work outdoors |
| Religious and medical exemptions | Allowed |
| OSHA's implementation | Through complaints filed with the agency and through programmed or planned inspections of workplaces |
| OSHA's maximum penalty for serious violation | $13,653 |
| OSHA's maximum penalty for willful violation | $136,532 |
| OSHA's guidance on determining religious beliefs | None |
| Arizona's stance on the mandate | Suing the Biden administration to stop it |
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What You'll Learn
- Companies with over 100 employees must prepare for vaccine mandates
- Employees must be vaccinated or tested weekly
- The mandate was announced by President Joe Biden
- Companies that don't comply could face fines of $14,000 per violation
- Some companies had vaccine mandates in place before Biden's announcement
Companies with over 100 employees must prepare for vaccine mandates
In September 2021, President Joe Biden announced that workers at companies with more than 100 employees must be fully vaccinated against COVID-19 or tested weekly. The executive order, which is being administered through the Occupational Safety and Health Administration (OSHA), has faced opposition from some Republican governors, including Arizona, which is suing the Biden administration to stop it. However, the mandate has been welcomed by many businesses and employers, who see it as a relief to have the decision taken out of their hands.
While some companies have chosen to wait for the final ruling before making any policy changes, others have already implemented their own vaccine mandates. For example, the Mystic Seaport Museum in Connecticut required staff to be vaccinated by October 14, 2021, and achieved 99% compliance with "virtually nonexistent" pushback. Similarly, Pinnacol Assurance, a Denver-based insurance provider with about 650 employees, started mandating vaccinations for employees last month, with some exemptions for remote work.
Under the OSHA rule, employers are required to provide paid time off for their workers to get vaccinated and recover from any side effects. They must also allow for two types of exemptions to the vaccine mandates: medical and religious. However, determining who qualifies for a religious exemption may prove challenging for employers, as OSHA has provided no guidance on what constitutes a religious belief. As a result, labor attorneys believe the procedure will involve assessing whether an employee's stated belief is consistent with their behaviour.
Companies that do not comply with the mandate could face fines of up to $14,000 per violation. OSHA will enforce the mandate through complaints filed with the agency and through programmed or planned inspections of workplaces. The maximum penalty for a serious violation is $13,653, while the maximum penalty for a willful violation is $136,532. While the details of the mandate are still being finalized, companies with over 100 employees should start preparing to implement it, especially as some employees may need assistance in getting vaccinated or may require time to recover from side effects.
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Employees must be vaccinated or tested weekly
On November 4, 2021, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) released its Emergency Temporary Standard (ETS) requiring employees of large companies to either get vaccinated or submit to weekly testing. This mandate applies to all private companies with 100 or more employees.
The ETS took effect on November 5, 2021, and was expected to be in place for about six months. It required employers to determine and document the vaccination status of their employees, including obtaining legitimate proof and maintaining records. However, the Supreme Court blocked the Biden administration from enforcing this mandate for large private companies.
Under the ETS, employees who work remotely, outdoors, or in isolation are exempt from vaccination but are still counted toward the 100-employee threshold. Employers must provide reasonable paid time off for employees to get vaccinated and recover from any side effects. If employees choose to get vaccinated outside of work hours, employers are not required to provide paid time off but must provide paid sick leave to recover from side effects experienced during work hours.
For employees who claim a religious or medical exemption, weekly testing is still required. If an employee tests positive for COVID-19, they must promptly notify their employer and be removed from the workplace until they meet the return-to-work criteria, which may include a negative test result or a recommendation from a licensed healthcare provider.
While the ETS does not specify who pays for the testing, employers in states with rules regarding mandatory vaccination programs should consult counsel before deciding not to pay. Unvaccinated employees must provide documentation of recent COVID-19 test results and wear face masks when indoors or sharing vehicle space for work.
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The mandate was announced by President Joe Biden
On September 9, 2021, President Joe Biden announced a vaccine mandate for companies with 100 or more employees. The mandate required workers at such companies to be fully vaccinated against COVID-19 or be tested weekly. Companies that failed to comply with the mandate could face fines of $14,000 per violation.
The mandate was directed at the Occupational Health and Safety Administration (OSHA), which was tasked with writing the rule. OSHA stated that companies with 100 or more employees could easily use administrators to implement the standard's requirements. However, OSHA sought additional time to assess the capacity of smaller employers.
The vaccine mandate included a requirement for all workers of federal contractors to be vaccinated. Employers were also required to provide paid time off for their workers to get vaccinated and to recover from any side effects. Religious and medical exemptions were permitted, with employers required to determine eligibility for religious exemptions on a case-by-case basis.
The mandate faced legal challenges, with a federal appeals court in Louisiana blocking it in November 2021, stating that the Biden administration had overstepped its authority. Additionally, several states sued to block the mandate, arguing its unconstitutionality. In January 2022, a nationwide injunction paused the mandate for federal workers, and in February 2022, a federal appeals court refused to reinstate it. However, in April 2022, a federal court reinstated the mandate, although its enforcement was delayed by the White House pending an appeal.
The mandate was generally well-received by employers, who appreciated having the decision taken out of their hands. Many companies had already implemented their own vaccine mandates before the announcement, and some welcomed the mandate as a way to ensure the safety of their customers, especially in settings with children.
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Companies that don't comply could face fines of $14,000 per violation
In September 2021, President Joe Biden announced a requirement that workers at companies with more than 100 employees be fully vaccinated against the coronavirus or tested weekly. Companies that don't comply with this mandate could face fines of $14,000 per violation. The plan is being administered through the Occupational Safety and Health Administration (OSHA), which regulates workplace safety.
The OSHA rule has faced some opposition, with a federal appeals court in Louisiana blocking the mandate and some Republican governors coming out against it. Arizona has sued the Biden administration to stop the mandate. Despite this, there is support for the mandate among businesses, particularly those with customers requiring employee vaccinations.
OSHA will enforce the mandate through complaints filed with the agency and through programmed or planned inspections of workplaces. The maximum penalty for a serious violation is $13,653, while the maximum penalty for a willful violation is $136,532. It is important to note that OSHA has stated that companies with 100 or more employees should be able to use administrators to implement the standard's requirements easily.
Some companies have already started mandating vaccinations for their employees, even before the federal government's final ruling. These companies include Pinnacol Assurance, a Denver-based insurance provider with about 650 employees. There are some exemptions to the mandate, including for religious and medical reasons, as well as for employees who work exclusively outdoors.
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Some companies had vaccine mandates in place before Biden's announcement
On September 9, 2021, President Joe Biden announced that all employers with more than 100 workers would be required to mandate coronavirus vaccinations or test their employees weekly. The mandate was expected to affect about 80 million Americans, with companies that did not comply facing fines of up to $14,000 per violation.
However, it is important to note that some companies had already implemented vaccine mandates for their employees before Biden's announcement. For example, the Mystic Seaport Museum had mandated that its staff be vaccinated by October 14, 2021, and the Mystic Aquarium had given its employees until the end of August to receive their first dose. Similarly, Hartford HealthCare and Yale New Haven Health had announced vaccination requirements for their staff in July, well in advance of Biden's mandate.
The Day Publishing Company, with over 100 employees, was another organization that welcomed Biden's announcement as it relieved companies of the responsibility of making individual decisions. While some companies had already implemented mandates, others were awaiting further guidance from the Occupational Health and Safety Administration (OSHA) on how to implement the mandate and count their employees accurately.
The Biden administration's vaccine mandate faced criticism from Republican lawmakers and some state governors, who deemed it an "unlawful and un-American" overreach of federal power. Despite the pushback, the mandate represented a crucial step in the administration's efforts to increase vaccination rates and curb the spread of COVID-19.
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Frequently asked questions
Yes, according to a mandate announced by President Joe Biden on September 9, 2021, companies with over 100 employees must require their employees to be vaccinated against COVID-19 or be tested weekly.
Companies that do not comply with the mandate may face fines of $14,000 per violation.
Yes, according to Labor Secretary Marty Walsh, workers who choose the testing option may have to bear the cost.
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