NEW TONE, AND NEW ACTIONS

Biden requires COVID-19 vaccines, tests for millions of private workers: Biden’s plan was substantive, and showed the administration is fully leaning into the idea of vaccine mandates, after previously trying to rely on the private sector to get the job done.

The biggest proposal: the Department of Labor is working on a new rule to require all private employers with 100 or more employees to mandate vaccines or have employees submit to weekly testing.

The requirement could impact nearly 80 million workers, and if a business fails to comply with the rule they could face fines up to $14,000 per violation.

The rule will come from OSHA, the Occupational Safety and Health Administration, “in the coming weeks,” and the implementation timeline will likely mirror the roughly 90 day window other private sector employers, like Tyson Foods and United Airlines, have required, according to a senior administration official. The administration will also require those same companies to give employees paid time off to get vaccinated.

Health workers, too: Biden is also dramatically expanding vaccination requirements for health workers. Last month, the administration said it would require all staff at about 15,000 nursing homes to be vaccinated to receive Medicare and Medicaid funding. The new rule would apply to workers in most other health care settings that receive Medicare or Medicaid reimbursement, including major hospitals. The rules would affect 50,000 providers and about 17 million workers.

Federal employees: ​​Under a new executive order to be announced by the president, federal employees will have 75 days to be fully vaccinated, with limited exemptions for religious or medical reasons. There will be no testing option. The rule will also apply to millions of contractors that do business with the federal government.

Many questions: What’s not clear is the timing for any of the policies. The largest federal employees union has already said the administration needs to bargain over the details. Rulemaking is not something that happens quickly, and there are implementation questions about the specifics of tracking vaccinations for such a large population and how long before federal employees must comply with the rule. It is also unclear what percentage of federal employees have not been vaccinated.