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Biden to Require Private Employers With 100 or More Employees to Mandate Vaccinations or Frequent Testing

President Biden is expected to announce today that all employers with 100 workers or more must require COVID-19 vaccinations or a weekly negative test result before coming to work. The new rule will be enforced by the Department of Labor’s Occupational Safety and Health Administration (OSHA), which will issue an emergency temporary standard (ETS) to implement this requirement. The ETS will impact more than 80 million workers in private sector businesses nationally.

In addition, Biden will announce that the Centers for Medicare & Medicaid Services (CMS) will require COVID-19 vaccinations for workers in most health care settings that receive Medicare or Medicaid reimbursement, including but not limited to hospitals, dialysis facilities, ambulatory surgical settings and home health agencies.

And the president also will unveil an executive order that requires all federal workers and contractors to be vaccinated against COVID-19. This step expands on the president’s July requirement that provided regular testing as an acceptable option to vaccination.

According to the latest data from the Bureau of Labor Statistics, about two-thirds of private-sector employees will fall under the new rule.