Biden Announces COVID-19 Action Plan Requiring Certain Employers to Mandate the COVID-19 Vaccine

Yesterday afternoon, President Biden announced a six-prong COVID-19 Action Plan (the “Plan”). Under the Plan, all employers with 100 or more employees will be required to ensure that their workers are vaccinated or produce a negative test result on at least a weekly basis before coming to work. Workers in most healthcare settings that receive Medicare or Medicaid reimbursement and federal employees, including employees of contractors that do business with the federal government, also must receive the vaccine.

According to the Plan, OSHA will develop a rule implementing the requirements for employers with 100 or more employees and will also issue an Emergency Temporary Standard (the “ETS”) to implement these requirements. The Plan also states that OSHA will develop a rule requiring employers with more than 100 employees to provide paid time off to get vaccinated or to recover from any post vaccination side effects. This requirement will also be implemented through the ETS.

Employers who fit these criteria, should prepare to implement these requirements. Employers should also consider providing their employees with information on nearby vaccination and testing sites, as well as sites that provide free COVID-19 testing. Providing employees with this information may make this transition easier and help ensure compliance with these requirements.

Currently, more information regarding the ETS or the forthcoming rules is not available. We will continue to monitor publications from OSHA and the other federal agencies and will provide further details and guidance when the ETS is published. Individuals with questions should feel free to contact Caroline Secola at csecola@fglawllc.com or any other attorney at the Firm.

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