The Biden administration has released the new rule from the Occupational Safety and Health Administration (OSHA) requiring 84 million private sector workers to get vaccinated for COVID-19.  However, the White House further announced that it is pushing back the deadline for workers in the health care sectors, as well as federal contractors, to get fully vaccinated to Jan. 4, 2022. The highly contentious and likely Unconstitutional mandate has ignited a “fire storm” of protests and lawsuits (many being pursued by state governments as well as public sector employees).  Critics have torn into the federal government over-reach by the President, arguing it is rooted in panic-based policymaking rather than following the science or simple logic.

The current OSHA rule making seeks to enforce private-sector employers with 100 or more employees to put vaccine requirements in place for all staff, or face fines of up to $14,000 per violation. The agency is using powers it claims under Emergency Temporary Standard (ETS) when it determines workers are at “grave risk” to promulgate this wide-ranging proposal. Under the rule, workers who are not vaccinated are required to submit a weekly negative COVID test at no expense to their employer. Unvaccinated workers are also required to wear masks when on the job. In addition, the burden is shifted to the businesses under the ETS, by requiring employers to determine and keep records of the vaccination status of each employee and report all COVID deaths and hospitalizations to OSHA.

The rule takes effect immediately upon publication, scheduled for Nov. 5, in the Federal Register. See, www.regulations.govhttps://t.co/urxVSkmYa0 https://twitter.com/benshapiro/status/1456247886140817409?s=27

Instructions: OSHA is seeking public comments on aspects of the standard, (which it may be ultimately expanded to include smaller businesses).  All submissions must include the agency's name and the docket number for this rulemaking (Docket No. OSHA-2021-0007).  All comments are placed in the public docket without change and may be made available online

RESOURCE:  FREE -- HR Daily Advisor Webinar on Workplace Vaccine Mandates (legal analysis) on Monday, November 15, 2021 (3:00PM EST), hosted by HR Daily Advisor, sponsored by INTELEX.  Learn more about this FREE LEGAL ANALYSIS / WEBINAR and REGISTER HERE