Biden’s COVID vaccine mandate: What you need to know about the January 4 deadline


The Biden administration on Thursday unveiled its new COVID-19 requirements for companies, the U.S. authorities’s greatest push but to encourage widespread vaccination. The new necessities are elevating questions about the course of for implementing, prices and timing of the guidelines for employees and their bosses.

Under the plan, employers with greater than 100 staff should select whether or not they are going to require employees to be totally vaccinated or bear weekly testing inside 30 days of the plan’s publication in the Federal Register. By January 4, these companies should implement the mandate. The so-called “emergency temporary standard” was requested by President Biden as a part of his September COVID-19 action plan, and will likely be overseen by the Labor Department’s Occupational Safety and Health Administration (OSHA).

The response from companies ranged from help to alarm, with the commerce group Truckload Carriers Association warning that the rule will show to be “disastrous” because it could lead on to an “exodus” of truck drivers throughout the ongoing supply-chain disaster. But Jim Frederick, deputy assistant secretary of labor at OSHA, stated the company believes the “vast majority” of workplaces will adjust to the new requirement.

“OSHA estimates that this rule will save thousands of lives and prevent more than 250,000 hospitalizations” after it goes into impact, Frederick stated in a convention name with reporters on Thursday. “We know that many, many workplaces will be looking at this and starting up as early as today.”

Here’s what to know about the new rule. 

Who is affected by the authorities mandate? 

The new rule covers all private-sector business with at the least 100 staff. The Biden administration on Thursday said about 84 million employees will likely be impacted by the necessities — roughly two-thirds of the nation’s private-sector labor drive. 

The Biden administration has created separate vaccine necessities for federal employees. OSHA may ultimately select to lengthen the COVID-19 rule to smaller companies, in accordance to the company. 

“OSHA will consider whether to extend the rule to smaller businesses” throughout the open remark interval after the rule is revealed on the Federal Register, Solicitor of Labor Seema Nanda stated on the convention name. 

Are distant employees lined by the mandate? 

The mandate would not apply to distant employees who work completely from residence, stated Keith Wilkes, a labor and employment companion at the legislation agency Hall Estill in an emailed assertion.

But, he added, if an unvaccinated office worker has been teleworking for a number of weeks after which should go into the office the place different employees will likely be current, that employee should obtain a COVID-19 take a look at inside seven days prior to that in-office day. 

OSHA additionally stated that staff who work completely open air will not have to adjust to the mandate. 

What are the deadlines for the mandate?

There are two deadlines, OSHA stated.

  • By December 5, employers should adjust to most necessities of the new mandate, akin to making certain that unvaccinated employees put on a masks at their workplace. Employers should additionally select whether or not they are going to require vaccinations or weekly testing by this date.
  • By January 4, employers should guarantee employees are both vaccinated or start testing unvaccinated staff each week. 
  • Also by January 4, employees who’re required to be vaccinated should be totally vaccinated. 

The federal authorities is staggering the rollout to give employers sufficient time to collect info about their employees’ vaccination statuses, Nanda stated. 

Can I get a spiritual or medical exemption?

In some case, sure, in accordance to OSHA. 

(*4*) whereas others might have spiritual beliefs that immediate them to ask for a exemption, Frederick of OSHA stated. “The [mandate] does account for that.”

How will employers test vaccinations?

Generally, staff can present their COVID-19 vaccination card to their bosses, OSHA’s Frederick stated. 

In circumstances the place vaccinated staff cannot present a vaccination card, the regulatory company will “provide an attestation process” for employees to state that they have been vaccinated. 

Will I receives a commission time without work to get vaccinated? 

Yes, OSHA says. Businesses which can be lined by the rule are required to present paid time without work for employees to get vaccinated. 

Will I receives a commission time without work if I expertise vaccine unwanted effects? 

Yes, in accordance to OSHA. All companies which can be impacted by the mandate should present sick depart for employees to recuperate from any unwanted effects from the vaccine. 

Who pays for weekly testing for the unvaccinated? 

Employers aren’t required by OSHA to pay for weekly COVID-19 checks for unvaccinated employees, which implies that some staff might find yourself on the hook for take a look at prices. 

Generally, take a look at kits value $10 to $15, which implies that an unvaccinated employee may face greater than $500 in annual prices to pay for their very own testing.

However, OSHA famous that some companies could also be required to pay for weekly checks due to native or state legal guidelines, in addition to via collective bargaining agreements. 

How will OSHA test on compliance?

Businesses should preserve information on employees’ vaccination statuses. But for workplaces the place staff aren’t required to be vaccinated, employees will need to get weekly checks and put on masks. 

OSHA stated that it’ll test on compliance with the latter by doing spot-checks of companies, and also will depend on complaints the company receives about companies that are not following the mandate.

“We will have our staff available and responsive to complaints, which is a No. 1 way we hear about problems in a workplace,” Frederick stated.

What are the penalties for companies that do not comply?

Penalties for noncompliance will be steep. OSHA will effective companies nearly $14,000 for every worker who fails to adjust to the rule. But companies which can be in “willful violation” of the necessities will face further fines of about $136,000.

“We know that the vast majority of workplaces will be in compliance,” Frederick stated. “In those cases where OSHA does have to come and work with a workplace with non-compliance, we assess the situation and the gravity or severity of a citation issue.”

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