Biden Administration Orders Mandatory Vaccination or Testing for Workers

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On September 9, 2021, the Biden Administration issued a press release outlining several federal mandates geared toward increasing the number of Americans that are vaccinated.


UPDATE 01/13/22:  Today, January 13th, the U.S. Supreme Court in a 6-3 ruling, rejected an Occupational Safety and Health Administration (“OSHA”) rule that would have required approximately eighty (80) million workers to either get vaccinated or take weekly COVID-19 tests. Read the update HERE.

Proof of Vaccination or Weekly Testing:

Prominent among the steps to be ordered, the President directed the Department of Labor’s Occupational Safety and Health Administration (OSHA) to mandate all employers with 100 or more employees to require proof of vaccination or to produce a negative test result on at least a weekly basis before coming to work. OSHA will also develop a rule that will require such employers to provide paid time off for the time it takes for workers to get vaccinated or to recover if they are “under the weather” post-vaccination.

Additional Required Vaccinations:

President Biden also signed two Executive Orders yesterday requiring vaccination for a large group of workers within the control of the Federal Government. The workers covered are all federal executive branch workers and employees of contractors that do business with the federal government. In addition, the Centers for Medicare & Medicaid Services (CMS) is directed to require COVID-19 vaccinations for workers in most healthcare settings that receive Medicare or Medicaid reimbursement, including but not limited to hospitals, dialysis facilities, ambulatory surgical settings, and home health agencies.

Entertainment Venues – Proof of Vaccination or Testing for Entry:

The President calls on – but does not require – entertainment venues like sports arenas, large concert halls, and other venues where large groups of people gather to require that their patrons be vaccinated or show a negative test for entry.

Other than the two Executive Orders noted above, the mandates in the Press Release have not yet been implemented and no timeline was given.

See: White House Press Release – September 9, 2021

This article has been prepared for general information purposes and (1) does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. Always seek professional counsel prior to taking action.

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