5 ramifications of Biden's new vaccination, testing requirements

On September 9, 2021, President Joe Biden unveiled a COVID-19 action plan requiring all employers with 100 or more employees to either mandate the coronavirus vaccine or confirm negative test results for unvaccinated employees on a weekly basis. The announcement has sweeping implications for employers trying to fend off fatigue from the  pandemic while maintaining a safe working environment for employees and customers.

Proposed rule

The U.S. Department of Labor (DOL) will issue a regulation requiring companies with 100 or more employees to ensure their workforces are either “fully vaccinated” or test negative for COVID-19 at least once a week. President Biden announced the Occupational Safety and Health Administration (OSHA) is presently creating emergency rules that will apply to more than 80 million private-sector employees nationwide.

Because the standards will be processed through an OSHA emergency temporary standard (ETS), they will be fast-tracked through the review process and take effect without solicitation of any public comments. Based on guidance from the White House, the rule will become effective in a matter of weeks, leaving employers to deal with the fallout of what is sure to be an unpopular mandate with a portion of employees across the United States.

The proposed rule will require employers to provide employees with paid time off (PTO) for vaccinations and any side effects from the shots. The leave will be separate and apart from other leave they have.