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mondaq.com 15 Sep, 2021 18:30 am

President Biden Announces Vaccine Requirement For Private Employers

On September 9, President Biden announced that the Occupational Safety and Health Administration ("OSHA") will develop an emergency rule requiring private businesses with 100 or more employees to ...

On September 9, President Biden announced that the Occupational Safety and Health Administration ("OSHA") will develop an emergency rule requiring private businesses with 100 or more employees to require their employees to be fully vaccinated or to produce a negative test result at least once a week.While President Biden has announced the plan, employers should initially take a deep breath as we do not anticipate the proposed rule to be announced by OSHA until late September 2021 (at the earliest).As a result, while President Biden's plan has triggered a lot of immediate concern and speculation, we believe there will be some opportunity for interested parties to chime in on the scope of the proposed rule and possibly flesh out answers to some of the more pressing questions surrounding the application of the rule.The answer to the first question is unclear, although President Biden's COVID Plan notes it is expanding free pharmacy testing and working to make at-home tests available at cost.

Press Secretary Jen Psaki indicated that federal employees will have 75 days to be fully vaccinated as part of President Biden's executive order requiring all federal employees to be fully vaccinated.Notably, President Biden's announcement did not explain how religious and disability-related exemptions will be handled.

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