According to a federal rule issued by OSHA, workers at U.S. companies with 100 or more employees must receive Covid-19 vaccinations or undergo at least weekly testing.

OSHA rules are central to President Biden’s push to use employer mandates to increase vaccination rates. In the next five weeks, Biden will expand the rules for federal workers and contractors, requiring vaccination and eliminating all alternatives to routine testing. OSHA rules, while less strenuous, basically extend those efforts into the private sector.

Immediately after its publishing, the requirement made public by the Occupational Safety and Health Administration will take effect. First, employers must provide time off for workers to get vaccinated and ensure those who have not been vaccinated wear masks by Dec. 5. Then, those who have not gotten vaccinated must submit to testing by Jan. 4.

The attorneys general of several Republican states have vowed to sue to stop the initiative. Additionally, conservative groups such as Job Creators Network and The Daily Wire said they would challenge the rule.

Separately, the Centers for Medicare and Medicaid Services announced vaccination requirements for health care workers at its 76,000 participating hospitals and other facilities. The requirements will begin in January.

According to OSHA’s emergency temporary standards, covered employers must develop, implement, and enforce a mandatory Covid-19 vaccination policy or a policy that requires employees to either get vaccinated or undergo regular Covid-19 testing and wear face coverings at work.

Besides providing paid time off for workers to get vaccinated, the ETS also mandates that employers provide paid sick leave to recuperate from any side effects.

Employers who do not enforce OSHA’s newest rule could face citations from the agency and a fine of up to $13,653 per serious violation. In a willful violation, a penalty of up to $136,532 may be imposed on an employer.


Impact on States


There is a possibility that the standard’s implementation in any of the 22 states with their worker safety agencies, such as California, Arizona, Michigan, and South Carolina, could be delayed until the governments decide whether to accept it as written, modify it, or draft another more protective rule. The state must implement the standard within 30 days, officials said.

Additionally, six more states with safety agencies covering only government employees, including New York, New Jersey, and Illinois, will have to apply the standard to local and state government workers.

States without their safety agencies, such as Texas, Florida, and Ohio, will not be covered by the federal mandate, which applies only to private employers.


Dealing with Resistance


Approximately ten months after the first effective Covid-19 vaccines became available, OSHA and CMS announced simultaneous mandates about federal contractors and healthcare workers. As a result, approximately two-thirds of all U.S. workers will now be required to comply with one or more of these vaccination requirements.

President Biden, met with strong opposition to inoculation, particularly in southern states, and egged on by opposing politicians, ordered the federal workplace safety agency on Sept. 9 to develop its temporary emergency standard. To do that, OSHA bypassed meetings with employer and worker representatives.

As a company committed to providing our clients with the most up-to-date, accurate information, WeShield obtains information from credible sources, including the Occupational Safety and Hazard Administration. Make sure to follow our blog as we monitor the COVID-19 pandemic and continue to provide high-quality PPE and medical supplies to the public.