After much speculation, the Biden Administration released the rules for its mandatory vaccination plan yesterday. The biggest takeaway? ACT FAST. OSHA (and CMS for healthcare) is not playing around here. We have a terrific overview with helpful links here.
WHAT HAPPENED? Employers with 100 or more employees will need to implement a COVID-19 vaccination requirement for their employees — and offer a weekly testing alternative to those who refuse or are unable to receive a vaccine — by Jan. 4, 2022. The rules fall under an Emergency Temporary Standard (ETS) to impose the September Executive Order mandating vaccines. OSHA released its rules for private workplaces with 100 or more employees and the Centers for Medicare and Medicaid Services (CMS) released its rules for facilities who receive Medicare and Medicaid funding as well.
WHO HAS TO COMPLY? The OSHA rules apply to any employer with 100 or more employees (vaccinated or not), including part-time, remote and at all locations in the US. There is no pro-ration for part-time–it is a headcount–although independent contractors do not count. CMS rules are connected to the Medicaid/Medicare funding.
WHEN? SOON! OSHA and CMS have put a deadline of January 4, 2022, for employers to have a policy and procedures in place. (CMS has been publishing rules since the summer and on other mandates, plus their rules go into effect immediately.) A new policy–or policy update to your current vaccine policy–record keeping; a procedure for certifying vaccine status; a method to review and track waivers; a testing procedure for unvaccinated; and sick leave request are just some of the items employers need to manage.
ANY SURPRISES? Other than the break neck speed at which this has to happen? Yes, employees who refuse to be vaccinated and need to be tested will have to pay for their testing and masks–but not employees who have a valid religious or medical waiver. Also, employers will have to allow up to 4 hours paid sick leave or paid time off for employees to receive the shot and for any post shot symptoms where the employee is unable to work.
HOW CAN WE DO THIS?! Even before the January 4, 2022, deadline there are action items to do: a policy, notices and communication, determining who is already vaccinated, and more. Nerd alert: We live for this stuff! We have a fixed fee solution: the OSHA ETS Compliance Package and for healthcare, our CMS ETS Healthcare Compliance Package. It includes a new comprehensive policy as required by the rules and all the forms you need as well. With one call or email, you can be done and get back to business. We can help. Contact us at 508.548.4888 or email Mike Foley.