White House vaccine rule would require companies and workers to comply by Jan. 4

[BumRushDaShow]

Source: Washington Post

Companies with more than 100 employees will now be mandated to require coronavirus vaccinations for their workers or do regular testing by Jan. 4 under the terms of a new federal rule that will be released Friday by the Biden administration after weeks of deliberation, senior government officials said. The hotly anticipated rule, which is being implemented on an emergency basis by the Department of Labor, is one of the White House’s most strenuous attempts to increase vaccination rates across the country to address the lingering public health crisis.

The policy is already being contested by Republicans and the small but vocal anti-vaccine factions that have proved so disruptive politically over the past year. It would require weekly testing and mandatory face-masking for workers who choose not to get vaccinated. It also specifies that employers must provide paid time for workers to get vaccinated or recover from any side effects — something critics have been asking for months. But companies are able to require employees to foot the bill for tests, officials said.

Companies with 100 or more employees will have until Jan. 4 to have all staff either fully vaccinated or implementing the testing requirements, pushing the deadline beyond the holiday season amid concerns about labor shortages. So far, 222 million Americans have received at least one dose of the vaccine, but the numbers vary widely in different parts of the country. During a surge of the virus’s delta variant in the late summer, White House officials escalated efforts to vaccinate more Americans, leading to the new emergency rule.

Coronavirus vaccines have proved successful at preventing infection and have in many cases minimized the symptoms of those who do become sick, offering what public health experts say is the best chance to lead the country out of the pandemic. But many Republicans have asserted that vaccine requirements are an unfair government edict, and a number of GOP governors and attorneys general have promised to challenge the ruling in court.

Read more: https://www.washingtonpost.com/business/2021/11/04/white-house-vaccine-mandate/

---

The Rule announcement appears to be here - https://www.federalregister.gov/public-inspection/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard

Federal Register version for publication - https://public-inspection.federalregister.gov/2021-23643.pdf

[mahatmakanejeeves]

1. COVID-19 Vaccination and Testing Emergency Testing Standard

The website just went up a few minutes ago.

Everything you need to know:

COVID-19 Vaccination and Testing ETS

[getagrip_already]

2. My company, a federal contractor, set the deadline at 12/8.....

As I understand it, companies with federal contracts are covered under an older exec order. I wonder if the deadline is different or they are just being cautious?

I'm a new employee, so I don't know if people are resisting. The company is serious though.

[BumRushDaShow]

3. Per CNN's article, it looks like federal contractors are now also extended

(although I expect that any prime contractor could have a more restrictive date if they so choose)

Vaccine rule for larger employers, federal contractors and certain health care workers to take effect January 4


By Jason Hoffman, CNN

Updated 8:45 AM ET, Thu November 4, 2021

(CNN)The Biden administration announced Thursday that its vaccine rules applying to private businesses with 100 or more employees, certain health care workers and federal contractors will take effect January 4. The rules stipulate that employees that fall into those groups will need to have received the necessary shots to be fully vaccinated, either two doses of Pfizer or Moderna's vaccine or one dose of Johnson & Johnson's vaccine, by January 4.

Eighty-four million employees working at large employers and 17 million health care workers at facilities participating in Medicare and Medicaid will be covered by the rules implemented by the Department of Labor's Occupational Safety and Health Administration and the Centers for Medicare & Medicaid Services. "Together the OSHA and CMS rules, along with the other policies the administration has previously implemented means that over two thirds of all workers in the United States are now covered by vaccination policies," a senior administration official said, discussing the new rules.

"Higher vaccination rates protect our workers, reduce hospitalizations and deaths. It's good for workers and importantly, this is good for the economy," the official continued. The January 4 deadline also means that the deadline for the federal contractor vaccine requirement is getting pushed back. It had previously been scheduled to take effect on December 8.The administration had been facing calls from some business groups to delay or be flexible with that deadline, as it could have put even more stress on supply chain issues ahead of the holidays.

Officials, however, insisted that the new date was chosen in order to streamline implementation and make it easier for business and employees to comply with the requirements."In order to make it easier for businesses to comply and workers to comply, we've decided to align the contractor deadline with the deadlines for both CMS and OSHA," the official said. The announcement also makes clear that the vaccine rules will preempt any state or local laws aimed at banning vaccine mandates or other measures to limit the spread of Covid-19. Texas and Florida have been among the states that have been attempting to pass their own laws to restrict such mandates.

https://www.cnn.com/2021/11/04/politics/vaccine-rule-large-employers-federal-contractors-health-care-workers/index.html

[Farmer-Rick]

4. Just went to the VA to get my booster

I'm miserable today but know it's just my immune system revving up. I got my Moderna booster after 2 regular vaccines back in April.

The VA was giving out the flu shot too. I was waiting in lines happy that I figured out how and where the VA was doing it. A woman behind me started talking to me. She looked about early 70s or late 60s.

She says to me, "I'm here to get my flu shot."

I volunteer that I'm getting my booster.

She says, "Well, I haven't decided to get my Covid vaccines or not."

I say, "I had several friends get sick and know of several people who have died from Covid. I want all the vaccines."

She said, "I just haven't decided yet."

I say, " Good, don't decide, it's more for me and my family."

I stop talking to her. And a medic approaches our line and ask if there are any employees of the VA, they have a different line for them. And she says she works there.

How many elderly and sick vets has she been responsible for getting sick or dying? That VA is filled with many ill military veterans. What a selfish nasty woman. But she's getting her flu shot, not a vaccine against the pandemic that has killed millions. No, nothing that important, just a flu shot.

I hope they force her to get it. The VA is a federal institute afterall. She should not be allowed to be there spreading her germs and getting sick people even more sick.

[JudyM]

5. Excellent: it preempts state and local rules

The ETS Preempts State and Local Laws:
OSHA intends the ETS to address comprehensively
the occupational safety and health issues of
vaccination, wearing face coverings, and testing for
COVID-19. Thus, the standard is intended to
preempt States, and political subdivisions of States,
from adopting and enforcing workplace
requirements relating to these issues, except under
the authority of a Federally-approved State Plan. In
particular, OSHA intends to preempt any State or
local requirements that ban or limit an employer
from requiring vaccination, face covering, or
testing. Additional information on the preemption
of State and local laws is found in Section VI.A. of
the ETS preamble.

In addition to being an emergency temporary standard, it is also a proposed rule, open for public comment. This should be good.

[colsohlibgal]

6. Each Step Like This Helps

Anti Vaccine idiots have blood on their hands. Not sure what’s wrong in their brain.

Thank goodness anti vaccine idiots were few and far between in the 50s when the Polio and MMR vaccines emerged.

[mahatmakanejeeves]

7. Analysis: Wide array of opponents prepare to fight Biden vaccine mandate

The Federal Register notice is 490 pages long. Most of that consists of what is called the preamble, where OSHA presents a discussion of the rules. The rules are the end of the notice.

November 3, 2021
12:48 PM EDT
Last Updated a day ago

Healthcare & Pharmaceuticals

Analysis: Wide array of opponents prepare to fight Biden vaccine mandate

By Nandita Bose and Tom Hals

Nov 3 (Reuters) - The country's first national COVID-19 vaccine mandate, expected to be unveiled by the Biden administration this week, is likely to unleash a frenzied legal battle that will hinge on a rarely used law and questions over federal power and authority over healthcare.

States, companies, trade groups, civil liberty advocates and religious organizations are expected to rush to court with demands to stop the mandate in its tracks. Two dozen Republican state attorneys general have already vowed to use "every legal option" to fight the mandate and 40 Republican lawmakers said on Wednesday they were preparing their own challenge.

{snip}

"There will be so much litigation it will never see the light of day," said Josh Blackman, a professor at South Texas College of Law Houston.

Some legal experts, however, said protecting against a historic public health crisis provides a compelling justification for the mandate against constitutional challenges that claim it infringes on individual or state rights.

COVID-19 vaccine requirements by colleges, cities, states and companies have generally been upheld. The Supreme Court said on Friday that Maine could impose its mandate on healthcare workers, even without the usual religious exemptions. read more

However, the national vaccine and testing rule, which will likely run hundreds of pages, will differ in important ways from existing vaccine requirements.

{snip}

[BumRushDaShow]

8. They will run into this

Jacobson v. Massachusetts, 197 U.S. 11 (1905)

[mahatmakanejeeves]

9. RNC Sues Biden Administration Over Vaccine Mandate

RNC Sues Biden Administration Over Vaccine Mandate

November 4, 2021

From the Republican National Committee:

Today, Republican National Committee (RNC) Chairwoman Ronna McDaniel released the following statement on the Biden administration’s forced vaccine mandate.

“Joe Biden failed to shut down the virus as he promised – he couldn’t do his job, so now he wants you to lose yours. This mandate is yet another attack on frontline workers, first responders, small businesses, and the rights of the American people.

“Additionally, by taking months to draft this order and shifting the deadline to after the holidays for political gain, Biden has completely undermined any emergency justification for this unlawful overreach.

“While I am pro-vaccine, the Biden administration does not have the authority to force hardworking Americans to choose between being vaccinated and providing for their families. That’s why the RNC is suing the Biden administration over this unlawful vaccine mandate and will maintain every legal option to fight this authoritarian overreach.”

{snip}

[LiberalFighter]

10. She means she will use every illegal option to kill families.

[Yo_Mama_Been_Loggin]

11. Cue the righties screaming about their free dumbs.

[FakeNoose]

12. I'm OK with this

People are free to NOT WORK for the federal government.
People are free to SEEK EMPLOYMENT elsewhere.
No problem.

[mahatmakanejeeves]

13. Business groups ask White House to delay Biden Covid vaccine mandate until after the holidays

That doesn't seem like a big request.

BREAKING: Businesses have until after the holidays to implement Biden Covid vaccine mandate

Link to tweet

HEALTH AND SCIENCE

Business groups ask White House to delay Biden Covid vaccine mandate until after the holidays

PUBLISHED MON, OCT 25 2021 9:03 AM EDT | UPDATED MON, OCT 25 2021 3:54 PM EDT

Spencer Kimball
@SPENCEKIMBALL

KEY POINTS
• White House officials at the OMB are meeting with industry lobbyists as it conducts the final review of President Joe Biden’s Covid vaccine mandate.
• Business groups are asking the administration to wait until after the holiday shopping season to implement the rule.
• They say the mandate could exacerbate labor shortages and supply chain problems.

Worried that President Joe Biden’s Covid vaccine mandate for private companies could cause a mass exodus of employees, business groups are pleading with the White House to delay the rule until after the holiday season.

White House officials at the Office of Management and Budget held dozens of meetings with labor unions, industry lobbyists and private individuals last week as the administration conducts its final review of the mandate, which will require businesses with 100 or more employees to ensure they are vaccinated against Covid or tested weekly for the virus. It is estimated to cover roughly two-thirds of the private sector workforce.

OMB officials have several meetings lined up Monday and Tuesday with groups representing dentists, trucking companies, staffing companies and realtors, among others.

The American Trucking Associations, which will meet with the OMB on Tuesday, warned the administration last week that many drivers will likely quit rather than get vaccinated, further disrupting the national supply chain at time when the industry is already short 80,000 drivers.

The trucking association estimates companies covered by the mandate could lose 37% of drivers through retirements, resignations and workers switching to smaller companies not covered by the requirements.

{snip}

[mahatmakanejeeves]

14. Cal-OSHA Issues A New Set Of Proposed Revisions To The ETS

October 25, 2021

Cal-OSHA Issues A New Set Of Proposed Revisions To The ETS

Last week, on October 20, California’s Division of Occupational Safety and Health (“Cal/OSHA”) issued proposed revisions to the Emergency Temporary Standards (“ETS”). If approved, the revisions would be in place from January 14, 2022 until April 14, 2022.

COVID-19 Prevention: The proposed language no longer differentiates between fully-vaccinated and unvaccinated employees for purposes of indoor COVID-19 screenings. As a result, all employees, regardless of vaccination status, must wear facial coverings when being screened for COVID-19 indoors. In addition, the Standards Board no longer requires that employers maintain a separate COVID-19 prevention plan. Such plans may be integrated into the employers’ injury and illness prevention plan as long as the IIPP has the COVID-19 protocols.

{snip}

[MichMan]

15. Now extend it to all employers under 100 employees too

Why this rule exempted millions of people made no sense to me.

101 employees; you better follow it or else you will be fined

98 employees; do whatever you want

[BumRushDaShow]

16. DOL usually creates Rules commesurate with different business sizes

based on how various law have been written and who (along with how many) they apply to. So the E.O.s basically direct agencies to implement Rules based on certain laws and/or statues, taking into consideration certain guidance that might narrow the scope, which is what was done here, and in this case, using the authority given by law to both DOL and HHS.

The original E.O. signed the day after the inauguration directing OSHA to do what we are seeing now, preceded by 9 months, the one done for federal agencies and their contractors.

Note that not all businesses fall under the OSH Act for coverage (either being covered by states, which often include public sector employees or those who are self-employed, etc., i.e., many being under-100s). So I expect there will be sections in the final Rules that will try to address any of the under-100s - again based on laws/statues related to OSHA & HHS. Because it gets more complex with the smaller businesses, I think in this instance, it's easier to get to the largest companies first with respect to overarching mandates and then go from there.

OSH Act of 1970


Public Law 91-596
84 STAT. 1590
91st Congress, S.2193
December 29, 1970,
as amended through January 1, 2004. (1)

(snip)

SEC. 6. Occupational Safety and Health Standards

(snip)

(b)

The Secretary may by rule promulgate, modify, or revoke any occupational safety or health standard in the following manner:
(1)

Whenever the Secretary, upon the basis of information submitted to him in writing by an interested person, a representative of any organization of employers or employees, a nationally recognized standards-producing organization, the Secretary of Health and Human Services, the National Institute for Occupational Safety and Health, or a State or political subdivision, or on the basis of information developed by the Secretary or otherwise available to him, determines that a rule should be promulgated in order to serve the objectives of this Act, the Secretary may request the recommendations of an advisory committee appointed under section 7 of this Act. The Secretary shall provide such an advisory committee with any proposals of his own or of the Secretary of Health and Human Services, together with all pertinent factual information developed by the Secretary or the Secretary of Health and Human Services, or otherwise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary its recommendations regarding the rule to be promulgated within ninety days from the date of its appointment or within such longer or shorter period as may be prescribed by the Secretary, but in no event for a period which is longer than two hundred and seventy days.

https://www.osha.gov/laws-regs/oshact/completeoshact