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November 05, 2021

Biden Administration issues COVID-19 vaccine and testing mandate for employers

ColumnThe Biden Administration Thursday issued an emergency temporary standard (ETS) mandating vaccines and face coverings for unvaccinated private-sector employees; the mandate has a compliance deadline of December 5, 2021, 30 days from publication in the Federal Register. Through the mandate, employers must have a policy requiring vaccines, allowing exemptions for medical, disability, or religious reasons, and require testing for those that are not vaccinated. The mandate applies to all employers with 100 or more employees.

In addition, the employer policy must require an employee to provide notice to the employer if they receive a positive COVID-19 test. Employers must also enforce a weekly testing requirement for unvaccinated employees; this portion of the mandate has a compliance deadline of January 4, 2022, 60 days from publication in the Federal Register.

Of note, the Occupational Safety and Health Administration (OSHA) does not mandate that employers pay for this testing but does note that other things like state laws or collective bargaining agreements might place this cost on an employer.

View the OSHA summary document for more information on the mandate. NAFCU's Compliance Team will post a new Compliance Blog post on this topic on Monday; sign up to receive the latest Compliance Blog posts directly in your inbox.