White House Announces New Federal Rules Requiring COVID-19 Vaccine and Testing Mandates

Articles / Publications

On September 9, 2021, President Biden announced a new six-pronged strategy to contain the spread of COVID-19.  Most notable are plans for broad COVID-19 vaccination and/or testing mandates that could apply to as many as 100 million employees nationwide.  Highlights of the plan are discussed below.

Vaccination and/or Testing Requirements for Employers with 100+ Employees

The Department of Labor’s Occupational Safety and Health Administration (“OSHA”) is developing a rule that will require all employers with 100 or more employees to either ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. OSHA will also require that these employers provide paid time off to employees in order to get vaccinated.

OSHA will issue an Emergency Temporary Standard (“ETS”) to implement this requirement in coming weeks.  If employers do not comply, OSHA will take enforcement action, which could include fines up to $14,000 per violation.

Vaccination Requirements for Federal Workers and Federal Contractors

The President has signed an Executive Order directing that all federal executive branch workers be vaccinated and requiring all employers who contract with the Federal Government to mandate vaccination against COVID-19 for their workforce. The Executive Order eliminates the option of weekly testing for the affected employees.

Vaccination Requirements for Medicare and Medicaid Service Providers

The Centers for Medicare and Medicaid Services is requiring COVID-19 vaccination mandates for most health care settings that receive Medicare or Medicaid funds. This requirement will impact hospitals, ambulatory surgical settings, home health agencies and other medical providers.

For now, President Biden’s announcement leaves many questions unanswered, and the above is only a brief synopsis of the newly announced mandates.  Burr & Forman is following these developments closely and will continue to provide updates as additional information is released by the applicable federal agencies.

For more information about COVID-19 vaccine and testing requirements and how they may impact your operations, please contact Amy Jordan Wilkes at awilkes@burr.com or the Burr & Forman attorney with whom you regularly work.

Related Professionals

Related Capabilities

Jump to Page
Arrow icon Top

Contact Us

We use cookies to improve your website experience, provide additional security, and remember you when you return to the website. This website does not respond to "Do Not Track" signals. By clicking "Accept," you agree to our use of cookies. To learn more about how we use cookies, please see our Privacy Policy.

Necessary Cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.