The Biden administration’s vaccination mandate pertaining to large private employers went into effect Monday, despite that the rule is facing legal challenges in the Supreme Court, leaving some businesses unsure as to how to proceed.
As of Jan. 10, businesses with 100 or more employees are now required to ensure that all employees have been fully vaccinated with either two doses of the Pfizer or Moderna vaccines or one dose of Johnson & Johnson’s, and they must provide paid leave to workers getting the vaccine.
Businesses included in the mandate must also keep track of workers’ vaccination status via a database, provide employees with their company’s vaccine policy and procedures, and ensure unvaccinated employees wear a mask while indoors.
The rule, which is enforced by the Occupational Safety and Health Administration (OSHA), applies to some 84 million U.S. workers. Businesses that are not compliant face fines of up to $14,000 per violation.
However, OSHA has said it won’t issue penalties for non-compliance until Feb. 9, which is the same deadline by which businesses must implement the weekly COVID-19 testing alternative for unvaccinated employees.
The Supreme Court has yet to make a final decision on the rule, which is currently subject to legal challenges from a number of business groups, along with the states of Ohio, Missouri, Louisiana, and more, who are challenging the lawfulness of President Joe Biden’s vaccine mandates.
In November, the 5th U.S. Circuit Court of Appeals temporarily halted the nationwide implementation of the rule. However, it was reinstated last month after the case was reassigned to the 6th Circuit.
Many businesses, including the U.S. Postal Service (USPS), are concerned that the mandate could create further labor shortages at a time when businesses are already struggling to hire new workers. Last week USPS asked federal officials for a temporary waiver from Biden’s vaccine mandate due to potential staffing and supply chain shortfalls.
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