Top Mobile Carrier Certified, Designed in California, US-Based Support & Tech Team | Money Back Guarantee Top Mobile Carrier Certified, Designed in California, US-Based Support & Tech Team | Money Back Guarantee

All Information You Need About the Biden Administration’s Vaccine Mandates & OSHA Vaccine Mandates

Here you will learn:
Fact Sheet of OSHA Vaccine Mandate
How to avoid the potential penalty?
Experts' recommendations for the next step

What's the current status of OSHA Vaccine mandates?

The world is not going to be the same in the new normal caused by the COVID. Vaccine compliance is a requirement for 23 states and Biden administration is attempting to implement a national vaccine mandate through OHSA. ​

President Biden announced on Nov. 4, 2021, new steps designed to fight COVID-19 including a vaccination mandate for up to 80 million American workers. The mandate, in the form of an Emergency Temporary Standard (ETS), applies to companies with 100 or more employees and was to be imposed by the Occupational Safety and Health Administration (OSHA)

OSHA suspended enforcement of its COVID-19 vaccine mandate Nov. 17, 2021, citing the U.S. Fifth Circuit Court of Appeals decision to uphold its earlier suspension of the Biden administration's vaccine requirement for private companies employing 100 or more workers. ​

Although the future of the ETS remains uncertain due to legal challenges, experts suggest companies may want to prepare for implementation anyway due to the amount of time it will take to comply when and if the order is confirmed.

What you need to prepare?
First, let's understand what exactly OSHA Mandate requires?

Occupational Safety and Health Administration (OSHA) Mandate

The Department of Labor’s Occupational Safety and Health Administration (OSHA) is announcing the details of a requirement for employers with 100 or more employees to ensure each of their workers is fully vaccinated or tests for COVID-19 on at least a weekly basis. The OSHA rule will also require that these employers provide paid-time for employees to get vaccinated, and ensure all unvaccinated workers wear a face mask in the workplace. OSHA has a strong 50-year record of requiring employers to take common sense actions to prevent workers from getting sick or injured on the job. This rule will cover 84 million employees.

OSHA Mandate Weekly Test for Unvaccinated Deadline 

Get Their Employees Vaccinated by January 4th and Require Unvaccinated Employees to Produce a Negative Test on at Least a Weekly Basis: All covered employers must ensure that their employees have received the necessary shots to be fully vaccinated – either two doses of Pfizer or Moderna, or one dose of Johnson & Johnson – by January 4th. After that, all covered employers must ensure that any employees who have not received the necessary shots begin producing a verified negative test to their employer on at least a weekly basis, and they must remove from the workplace any employee who receives a positive COVID-19 test or is diagnosed with COVID-19 by a licensed health care provider.

Employer's Responsibility for Paying Time to Get Vaccinated But NOT for Providing or Paying for Tests

OSHA Mandate Requires Employers to Pay Employees for the Time it Takes to Get Vaccinated: All covered employers are required to provide paid-time for their employees to get vaccinated and, if needed, sick leave to recover from side effects experienced that keep them from working.

OSHA Mandate Does NOT Require Employers to Provide or Pay for Tests. Employers may be required to pay for testing because of other laws or collective bargaining agreements. 

However, other state laws, regulations, or collective bargaining agreements may apply.

OSHA Mandate Weekly Masking for Unvaccinated Deadline

Ensure All Unvaccinated Employees are Masked: All covered employers must ensure that unvaccinated employees wear a face mask while in the workplace.

While the testing requirement for unvaccinated workers will begin after January 4th, employers must be in compliance with all other requirements – such as providing paid-time for employees to get vaccinated and masking for unvaccinated workers – on December 5th. 

Who needs to prepare for the mandates if the order is confirmed?

If the company is under the 100 employee threshold now, but goes over in the weeks or months ahead, how does that impact the implementation deadlines?

Once you reach 100 employees, the standard applies.
And it'll continue applying even if you drop down below 100 employees again.

If a company has multiple EINS, can the employee count be by EIN or is it the parent company as a whole?

Generally yes. You'd count employees corporate-wide. Franchises that are independently owned and operated would only count the employees at their location.

Compliance Related FAQ

Is it a HIPAA violation to ask employees about their COVID or vaccination status?

First, HIPAA applies to covered entities (health plans, health care providers, etc.) and to some extent, their business associates.

Second, it doesn't regulate asking for information. It regulates how covered entities are permitted to use and disclose private health info.

So in short, you can ask for employees' vaccination status. Their vaccination status is, however, considered a medical record and must be stored and maintained appropriately. It must not be disclosed except as required by the ETS or federal law.

What are OSHA Penalty Rules?

The Occupational Safety and Health Act of 1970, inflation-adjusted for 2021, determines a maximum penalty for repeated and willful violations of OSHA rules at $136,532, with a minimum penalty of $9,753.
The legislation sets a maximum penalty of $13,653 for any single serious violation, and a further penalty of not more than $13,563 per day for a failure to abate the violation (though the maximum penalty for this abatement failure is capped at 30 times the daily penalty).

Centers for Medicare & Medicaid Services (CMS) Requirement

The Centers for Medicare & Medicaid Services (CMS) at the Department of Health and Human Services is announcing the details of its requirement that health care workers at facilities participating in Medicare and Medicaid are fully vaccinated.
The rule applies to more than 17 million workers at approximately 76,000 health care facilities, including hospitals and long-term care facilities.

Other FAQ

Are the results from at-home testing kits acceptable under the new mandate?

Needs to be an authorized by the FDA

It needs to be administered correctly.

And most importantly, it CANNOT be both self-administered and self-read unless observed by the employer or authorized tele-health proctor.

Who determines if an employee is actually exempt? The employer, the state, etc.?

The employer.

Still Not Clear About the Covid Compliance?
We will guide you to be full compliant with the Covid requirements in your State.

What Experts Recommend for the Next Step?

Although the future of the ETS remains uncertain due to legal challenges, experts suggest companies may want to prepare for implementation anyway due to the amount of time it will take to comply when and if the order is confirmed.

Here are the Best Full Compliance Guidelines with Vaccine Mandate
to Avoid Potential Fines & Employees Resistance

The employer should maintain records of each test result & vaccine records provided by the employee.

Weekly COVID testings required for the employees who are not fully vaccinated 

The employees who are not fully vaccinated must wear mask when they enter the company

How can my company comply with the vaccination & testing requirements?

  • The employer must retain either a physical or digital copy of the vaccine documentation.
  • Weekly COVID testings required for the employees who are not fully vaccinated 
  • The employer must maintain a record of each test result too.

According to our polling, 49% business don't have a system in place for tracking vaccines and testing
Our Vaccine Tracker App automates & digitalizes the vaccination records and health screening flows

As we get closer to OSHA ETS implementation deadlines,
how can my company fully comply with the Covid requirements?

  • The employees who are not fully vaccinated must wear mask when they enter the company

Our full compliance solution drastically reduce the manual process of vaccine and COVID test submit, tracking and mask status monitoring at each entrance

Book a free consultation call with us
We will guide you to be full compliant with the Covid requirements in your State.

Free Covid Compliance Consultation 

What Customers Are Saying

Click to activate chat