On September 9, 2021, President Biden announced a series of actions aimed at further combating the spread of COVID-19, including broad vaccination requirements for employers and businesses that do business with the federal government.
The most significant takeaway for many larger private employers is the requirement that all employers with 100 or more employees require their workforce to be fully vaccinated. Any workers who remain unvaccinated must produce a negative test result on at least a weekly basis.
The Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an emergency rule to implement this requirement. OSHA has not yet released any details such as when the rule might be issued, whether employers will be required to pay for employee vaccinations or testing, or what sort of penalties might be assessed for noncompliance.
Moreover, employers with more than 100 employees must provide paid time off to employees to get vaccinated, or to recover if they are not feeling well after receiving the vaccine.
In addition to private employers, all federal workers, including federal contractors, must be vaccinated. The White House website indicates that this standard extends to “employees of contractors that do business with the federal government.”
Further, workers in most health care settings that receive Medicare or Medicaid reimbursement such as hospitals, home health agencies and dialysis facilities, must also be vaccinated. This requirement applies to all staff, employees and volunteers, including those who do not provide direct patient, resident, or client care.
As additional rules and deadlines are issued, and guidance released, if you have any questions regarding these new COVID-19 requirements or the impact on your business, contact your FOS attorney.