Explanator: How will the mandate of the Biden vaccine affect workers and companies?

WASHINGTON, Sept. 13 (Reuters) – President Joe Biden on Thursday announced new terms to encourage Americans who are not vaccinated against COVID-19 to receive a shot. The measures apply to more than 100 million workers, but it is not known how many of them are already vaccinated.

Here’s a look at what they do and don’t do:

WHO COVER?

This would cover approximately four million federal employees and workers with government contracts.

In addition, the Department of Labor’s Occupational Safety and Health Administration (OSHA) will issue a rule through the emergency authority in the coming weeks to require employers with more than 100 employees to ensure that their workers are be vaccinated or tested weekly. This would have an impact on about 80 million private sector workers.

OSHA said the new Temporary Emergency Standard will also “apply to state and local public government workers, including educators and school staff, in all 26 states and two territories with an OSHA state plan.”

Centers for Medicare and Medicaid Service (CMS) in the Department of Health and Human Services will issue a rule requiring vaccination of workers at most health facilities that receive Medicare or Medicaid reimbursement, including hospitals, centers dialysis, outpatient surgical centers and home health. agencies: about 17 million health workers. It is estimated that more than half of them – 64% of hospital staff, 62.7% of nursing home staff and 54.7% of dialysis facility workers – they have already been vaccinated.

HOW MUCH TIME SHOULD WORKERS WORK?

Federal workers have about 75 days to get vaccinated, the White House said.

For health workers, the CMS issues the so-called provisional final rule, which will take effect immediately after the official publication, in mid or late October.

The agency has urged all workers who are not currently vaccinated to start the process immediately.

The clock of private sector workers does not start dialing until the Department of Labor issues its rule, scheduled for the coming weeks. After that, they are likely to have a period of 50 to 90 days to comply, officials said.

ARE THERE EXEMPTIONS?

The mandate of federal employees includes “limited exceptions for legally recognized reasons, such as disabilities or religious objections,” White House Press Secretary Jen Psaki said.

Title VII of the United States Civil Rights Act prohibits discrimination against any employee based on a person’s “race, color, religion, sex, or national origin.” A very small number of religious groups in the United States have a theological objection to vaccines, which they say interfere with divine providence.

Vaccines are not recommended for people with allergies to some ingredients.

WHAT ARE THE PENALTIES FOR NON-COMPLIANCE?

Federal workers who refuse to get vaccinated first receive counseling and finally must be discharged if they persist in refusing.

Companies that do not comply with the rule could receive a fine of about $ 14,000 for infringement.

It is not immediately clear how the CMS can enforce compliance, but the agency has the authority to terminate agreements with entities that violate its regulations.

Reports by Heather Timmons, David Shepardson, Jeff Mason and Ahmed Aboulenein Sonya Hepinstall Edition