Last week, President Joe Biden announced plans to require tens of millions more American workers to get vaccinated against the coronavirus. Biden has instructed the Department of Labor to draft a rule mandating that all businesses with 100 or more workers require their employees to either get vaccinated or face weekly testing.
The new rule will be enforced by the Department of Labor’s Occupational Safety and Health Administration (OSHA), which will issue an Emergency Temporary Standard (ETS) to implement this requirement. As of today, it is unclear if and when the requirements will take effect. OSHA is expected to issue the rule “in the coming weeks,” according to the White House, and implementation timelines in private sector businesses have ranged from weeks to months. The exact timeframe will depend on the final rulemaking process and WANADA will keep its membership apprised on this forum as well as our COVID-19 info page as details emerge.
It has been observed by WANADA’s counsel that OSHA has never implemented a mandate of this magnitude, so there are serious questions as to whether or not such a mandate can withstand the legal challenges that are sure to come. At this time no lawsuits have been filed since the rule itself is yet to be written. As stated above, WANADA will keep its membership apprised as developments unfold.Download Bulletin PDF