OSHA, Medicare rules take aim at low-vax states
White House announces emergency rules intended to require vaccination or frequent testing in businesses and healthcare settings by January 4 for most workers
Taking direct aim at states that have passed laws or taken other steps to block vaccine requirements, the Biden Administration today is releasing emergency worker safety rules requiring COVID-19 vaccinations that supersede state laws, according to senior administration officials who spoke on condition that their names would not be used. The deadline for compliance is January 4.
“Our mission is to make sure that workers come home safely at the end of their shifts,” said one official. “This emergency temporary standard is consistent with [the Occupational Safety and Health Administration’s] requirements to protect workers from health and safety hazards.”
The rules pre-empt state rules unless those rules are part of a federally approved state plan, said the official. Florida, Texas and 18 other states have passed laws or enacted rules that prohibit some or all COVID-19 vaccine requirements.
In addition to the OSHA rules, the Center for Medicare and Medicaid Services (CMS) will issue a rule that requires workers in any healthcare facility that accepts federal funds to require workers to be vaccinated. While the OSHA rules allow for unvaccinated workers to keep working provided that they wear face coverings and undergo weekly COVID-19 testing, the CMS rules do not allow most exemptions.
The rules also require companies to give workers paid time off to get vaccinations and recover from side effects, if they have any. OSHA will also publish model policies and provide other assistance to help businesses comply, the administration officials said.
Penalty for “willfull” noncompliance could be around $140,000 for each violation, the officials said.
The administration is also delaying the effective date for federal contractors to comply with vaccine requirements so that it takes effect at the same time as the new OSHA and CMS rules, January 4. Previously it was December 22.
This post will be updated with more details, so check back on the website for updates later in the day.