On September 9, 2021, President Biden announced a plan to require all private employers with 100 or more employees to ensure that their workers are fully vaccinated against COVID-19 or produce a negative COVID-19 test each week.
This vaccine mandate, part of a larger effort designed to require more than 100 million Americans to get vaccinated, will be implemented through an Emergency Temporary Standard (ETS) to be issued by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). Biden also ordered mandatory vaccination for 300,000 educators in the federal Head Start Program, 200 federally run schools and 17 million health care workers. The Defense Production Act is to be used to increase the production of rapid testing kits and retailers, including Amazon and Walmart, will be working to expand their availability.
The Transportation Security Administration will now double fines on passengers who refuse to wear masks. OSHA have not yet released draft regulations, but they are expected in the coming weeks. Employers may be left with a very tight timeframe to come into compliance. Larger companies such as Walmart, Amazon, FedEx and Target employ hundreds of thousands of Americans each, with some having vaccine mandates in place already. Google introduced theirs in July, CVS followed in August and Deloitte and McDonalds are also issuing mandates.
Biden and his top advisors were forecasting a ‘summer of joy’, declaring independence from the virus, but since then the highly infections Delta variant has spread rapidly, fuelling a spike in cases and deaths. 53% of Americans are fully vaccinated, with an increase in August as the Delta variant pushed the country’s daily average over 150,000. Officials fear that it will mutate into another, more dangerous variant that could evade vaccines if it is allowed to continue to spread. Companies have put off mandates for months, however, stalling vaccination rates and the rise of the Delta variant has put new pressure on executives. There will now be a $14,000 penalty for companies that do not comply and are also required to offer paid time off for employees to get vaccinated or regularly testing.