Yesterday, President Biden issued an executive order requiring employers with 100 or more employees to mandate either vaccination or weekly testing for employees. This action will require the Department of Labor’s Occupational Safety and Health Administration (OSHA) to draft an Emergency Temporary Standard (ETS) to implement the order. As part of the rulemaking, OSHA is expected to require employers to provide paid time off for the time needed to receive the vaccine or recover from the side-effect of the vaccine. The order also addressed the issue of booster shots for those already fully vaccinated, which will begin as early as September 20 for those most at risk. The booster shots will be at no cost to the individual.
The president’s announcement also addresses schools, testing and masking requirements at airports and other modes of public transportation. It also touches on Paycheck Protection Program forgiveness, Economic Injury Disaster Loans through the Small Business Administration and health care treatment for those infected by the virus. It is unclear at this time when OSHA will issue the new ETS, but it is likely within the next two to three weeks. The ETS is not subject to public comment and is expected to go into effect shortly after it is issued. There is a high likelihood the ETS will be challenged in court, but until the ETS is issued it is difficult to speculate on what objections would be raised.
NCA will continue to monitor the situation and the implementation of the executive order. If you have any questions, please contact NCA VP of Government Relations Joe Trauger at [email protected].