On September 9, 2021, the Biden Administration announced that employers with 100 employees or more will be—in the near future— required to ensure that their workplace is fully vaccinated against COVID-19 or otherwise subject to at least weekly COVID-19 testing before coming to work. It is estimated that the new rule will affect at least 80 million workers in the private sector.
The federal Occupational Safety and Health Administration (“OSHA”) will soon publish specific rules implementing the Biden Administration’s mandate. As of today, however, no regulations or drafts have been released—and no compliance dates have been set. That said, employers should start thinking now about how to:
- Logistically implement vaccination mandates (and any exemption/accommodation process).
- Track employee vaccination status.
- Protect employee medical information.
- Address employee pushback and/or resignations.
Consideration of these factors now can help businesses navigate potential issues once OSHA formally promulgates and institutes the Biden Administration’s vaccination-or-testing mandate.
MNK Law will provide specifics on the new rules once they are available. The upcoming rules are part and parcel of the Biden Administration’s increasing frustration with vaccine hesitancy and some state’s refusal to implement precautions against COVID-19.
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This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.