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President Biden Announces OSHA Standards Requiring COVID-19 Vaccinations or Weekly Tests for Companies with 100+ Employees

President Joe Biden announced Thursday, Sept. 9, that in the coming weeks, companies with 100 or more employees will be required to ensure their employees are vaccinated against COVID-19 or test negative for COVID-19 at least once a week. Additionally, employers must provide employees time off to get vaccinated and to recover from any side effects.

Press Secretary Jen Psaki previewed the forthcoming requirements in her briefing to the press on Thursday. President Biden further outlined these measures in his speech later in the afternoon.

The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) has been tasked with developing a temporary emergency standard, which will apply to more than 80 million private-sector workers. The emergency standard will go through an expedited review process and be published in the coming weeks. The rule will go into effect shortly thereafter, with OSHA having the ability to fine businesses up to $14,000 per violation.

This announcement comes among many other COVID-fighting measures announced Thursday by President Biden, which also include requirements that all executive branch employees and federal contractors get vaccinated; that employees of health care facilities that receive Medicare or Medicaid funding be completely vaccinated; that employees in Head Start programs be completely vaccinated; steeper fines for violating COVID requirements while traveling; and measures to provide additional testing and vaccination resources.

This situation is evolving quickly and the standard will likely present new challenges for affected employers.

© 2022 Dinsmore & Shohl LLP. All rights reserved.National Law Review, Volume XI, Number 252
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About this Author

Faith Whittaker, Dinsmore Law Firm, Cincinnati, Labor and Employment Law Attorney
Partner

A partner in the Employment, Labor and Benefits Department, Faith has experience guiding clients through issues that arise in the workplace. She handles employment-related litigation for her clients, who range from local businesses to Fortune 500 companies.

Understanding each client has different tolerances and objectives in dealing with employment matters, Faith is passionate about learning her client’s industry and gaining insight into their operations. While always prepared to vigorously proceed through litigation, she teams with her clients...

513-977-8491
Aaron T. Vance Attorney Labor Law Dinsmore Shohl Louisville
Associate

Aaron focuses his practice on labor and employment litigation. His experience includes researching issues related to employment discrimination, employment protections, labor disputes, and practices. He also has experience preparing litigation materials and corporate documents such as employment policies and manuals. 

He received his J.D. from Indiana University Maurer School of Law where he participated in the Student Bar Association, Indiana Law Journal, the Nonprofit Legal Clinic, Sherman Minton Moot Court Competition, and served as a research...

502-540-2576
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