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On September 9, the Biden administration announced new vaccine mandates that will impact over 80 million workers, or close to two-thirds of the U.S. workforce. OSHA is developing a rule that will require all employers with 100 or more employees to ensure their workforce is vaccinated or require workers to be tested each week. Employers will also be required to provide paid time off for workers to receive vaccinations.
OSHA will issue an Emergency Temporary Standard (ETS) to implement this requirement. Although the timing and details aren’t entirely clear yet, we do know that employers who fail to comply with the standard could face penalties of up to $14,000 per violation. With this in mind, employers should start preparing now so that the transition is seamless and non-disruptive for their business and their people.
However, few details about the ETS have been provided at this point, leaving many organizations with questions about how to put the right compliance measures in place. Employers also have to consider how the rollout of booster shots could impact their programs in the future. Let’s look at some important questions companies are asking about the upcoming mandates, how vaccine boosters might factor into these plans, and what businesses can do now to prepare.
While a few questions have already been addressed by OSHA, companies will have to wait until the ETS is released to have a complete understanding of how they’ll need to adapt. Some of the biggest questions include:
The availability of booster shots adds another layer of complexity as employers navigate what lies ahead. On August 18, the U.S. Department of Health and Human Services announced that people who received the Pfizer and Moderna vaccines are advised to get a booster shot to improve their immunity to COVID-19. Health officials anticipate that people who received the Johnson & Johnson vaccine will also need a booster, although the timing on this isn’t clear.
However, recent developments indicate that employers will likely have more time to prepare for this. That’s because as of right now, boosters are only being recommended for people 65 and older and those at high risk. In fact, just last week the FDA said that booster doses of Pfizer's COVID-19 vaccine may not be needed. And on Friday, the FDA rejected an application to approve booster doses of Pfizer's vaccines for everyone 16 and older, expressing doubts about the safety and efficacy due to the current lack of data.
Despite the current state of uncertainty, companies would be wise to think about how booster shot mandates or recommendations might impact them in the future. Many experts predict that OSHA will eventually require workers to receive a booster in order to count as vaccinated. Although it may be burdensome on employees, from a workplace safety perspective it makes sense for companies to consider requiring boosters for their staff, if and when they become available to the broader population.
There are many lingering questions about the vaccine mandates, and the timing on the rollout of booster shots remains unclear. However, there are steps companies can take right now to prepare for the ETS. Law firm Fisher Phillips has outlined a helpful 5-step plan for employers, which I’ve summarized below:
It continues to be a challenging time for employers and their people, but companies that do their planning and due diligence now will be setting themselves up for an easier transition to the next phase of combatting the COVID-19 pandemic. It’s certainly not going to be easy, but our collective efforts are critical for Biden’s “Path Out of the Pandemic” action plan to be a success.
Check out the previous issues of the Workplace Intelligence Insider newsletter below and subscribe now to get new articles every Monday.
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