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EMPLOYER COVID-19 VACCINE AND TESTING RULES UNVEILED BY BIDEN ADMINISTRATION


WHILE THE REQUIREMENTS ARE DESCRIBED AS NECESSARY TO CURB THE PANDEMIC, THEY
HAVE DRAWN OPPOSITION FROM MANY REPUBLICANS

THE NEW COVID-19 REQUIREMENTS TAKE EFFECT JAN. 4 AND APPLY TO EMPLOYERS WITH 100
OR MORE WORKERS.

Photo: CALLAGHAN O'HARE/REUTERS
By
Stephanie Armour
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STEPHANIE ARMOUR

 * Biography
 * @stepharmour1
 * Stephanie.Armour@wsj.com

and
Sabrina Siddiqui
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SABRINA SIDDIQUI

 * Biography
 * @SabrinaSiddiqui
 * sabrina.siddiqui@wsj.com

Updated Nov. 4, 2021 9:51 am ET

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WASHINGTON—Many employers will have to ensure by Jan. 4 that their workers are
vaccinated or tested weekly for Covid-19 under a set of new vaccine requirements

Click the highlighted text to discover more about the topic without leaving this
page.

Got It
by the Biden administration that will cover more than 80 million employees.

The requirements released Thursday by the Labor Department implement a vaccine
directive that President Biden announced in September. They apply to employers
with 100 or more employees. While the administration has said the requirements
are necessary to curb the Covid-19 pandemic, they have drawn opposition from
many Republicans.

Companies subject to the rules must ensure that employees who aren’t vaccinated
against Covid-19 produce a negative test at least weekly and wear a mask in the
workplace. Employers aren’t required under the new policy to provide or pay for
tests, with potential exceptions if collective bargaining agreements compel them
to do so.

Italy’s Covid-19 Mandates Highlight Challenges for U.S. and Others
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Italy’s Covid-19 Mandates Highlight Challenges for U.S. and Others

Strict Covid-19 vaccine requirements for workers have sparked protests in Italy,
despite support from most people. WSJ's Eric Sylvers reports from Milan, where
the new rules offer a glimpse into the hurdles the U.S. could face when
implementing a similar mandate. Photo: Piero Cruciatti/AFP/Getty Images

Employers who don’t adhere to the requirements could face penalties of up to
around $13,600 per violation.



The Covid-19 pandemic has resulted in more than 46 million cases in the U.S.,
according to the Centers for Disease Control and Prevention.

“A virus that has killed more than 745,000 Americans, with more than 70,000 new
cases per day currently, is clearly a health hazard that poses a grave danger to
workers,” a senior administration official said Wednesday.

Republican opposition to the policy has intensified since September, when the
Labor Department’s Occupational Safety and Health Administration said it would
issue an emergency temporary standard implementing the new requirements.

Arizona Attorney General Mark Brnovich in September filed a lawsuit against Mr.
Biden’s Covid-19 requirements for businesses and a set of rules for federal
contractors. Many other states have also sought to challenge the
administration’s mandate for federal contractors.

SENATORS LED BY JAMES LANKFORD, IN RED TIE, AND MIKE BRAUN SAY THEY DISAPPROVE
OF THE VACCINE REQUIREMENT FOR EMPLOYERS.

Photo: Samuel Corum/Getty Images; Anna Moneymaker/Getty Images

“Under our Constitution, the President is not a king who can exercise this sort
of unbridled power unilaterally,” Mr. Brnovich said in his legal brief.

Sens. James Lankford (R., Okla.) and Mike Braun (R., Ind.) and 39 colleagues
issued a statement Wednesday saying they disapprove of the vaccine requirement
for employers.

“This unacceptable federal directive impacts tens of millions of Americans and
warrants review by Congress, the representatives elected by the American people
to make the laws,” the lawmakers said in a statement.

Employers subject to the new rules must require each vaccinated worker to
provide proof of vaccination status, federal officials said. Acceptable
documents include a record of immunization from a provider or pharmacy; a copy
of a CDC Covid-19 vaccination card; medical records; immunization records from
public health, state or tribal immunization information system; or a copy of
other official documentation that contains the type and dates of vaccination.

A NEGATIVE COVID-19 TEST WILL BE REQUIRED AT LEAST WEEKLY FOR EMPLOYEES WHO ARE
COVERED BY THE RULES AND AREN’T VACCINATED.

Photo: Joe Raedle/Getty Images

When documentation can’t be obtained, a signed and dated statement from the
employee attesting to his or her vaccination status is permitted.

The OSHA rules require those employers to provide paid time off to workers so
they can receive the Covid-19 vaccine, as well as sick leave to recover from any
side effects, and to ensure that unvaccinated employees wear a face mask while
in the workplace by Dec. 5.

Mr. Biden has said he was reluctant to issue vaccination requirements and did so
after a monthslong campaign encouraging people to get the shot failed to
persuade many Americans.

The administration also sought to give employers cover to issue vaccine
requirements since some were concerned that workers in a tight labor market
might quit and go to other companies without an industry standard, two people
familiar with the planning said.



Many large businesses, including Walt Disney Co. and meatpacker Tyson Foods
Inc., hospital groups, and colleges and universities, have already implemented
Covid-19 vaccine requirements. The Biden administration has also made Covid-19
vaccination mandatory for all federal employees and contractors, as well as U.S.
service members.

BOB CHAPEK OF DISNEY, IN PURPLE TIE, GREG ADAMS OF KAISER FOUNDATION HEALTH
PLAN, WITH HANDS CLASPED, AND JEFF ZIENTS, WHITE HOUSE COVID-19 COORDINATOR,
DURING A MEETING IN SEPTEMBER.

Photo: Oliver Contreras/Bloomberg News

“We’ve been patient,” Mr. Biden said in a message to unvaccinated Americans
while announcing the requirements in September. “But our patience is wearing
thin. And your refusal has cost all of us.”

The administration on Monday released guidance on the mandate for federal
contractors, which has been a factor for many large companies imposing
vaccination requirements.

The administration also said that staff at all health facilities that get
Medicare and Medicaid reimbursements will have to be vaccinated, following up on
emergency vaccination requirements announced in September. Both health workers
and federal contractors will have until Jan. 4 to get either their second dose
of the vaccines from Pfizer Inc. and BioNTech SE or Moderna Inc., or a single
dose of Johnson & Johnson.

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Inspectors will review whether hospitals are in compliance as part of their
routine survey process, which can ultimately lead to civil monetary penalties
for violators and termination from the two federal programs.

Health workers with medical conditions or religious reasons not to get
vaccinated can seek an exemption, but there isn’t an option for testing in lieu
of vaccination. A senior administration official said hospitals that have
mandated vaccines haven’t seen mass staff departures.



The Biden administration has discussed the pending vaccine requirements with
trade groups in recent weeks, including the Associated Builders and Contractors.

About 80% of the U.S. adult population has received at least one dose of the
Covid-19 vaccine, according to the CDC. About 70% of adults are fully
vaccinated.

Slightly under 40% of workers who are unvaccinated said they would leave their
job if getting the Covid-19 vaccine was mandated by their employer or if they
were required to be tested for the virus weekly, according to survey results
from the Kaiser Family Foundation Covid-19 Vaccine Monitor.


The Wall Street Journal would like to hear from you. What impact are vaccine
mandates having on your workplace?
Name
Email
Location (City, State)


By submitting your response to this questionnaire, you consent to Dow Jones
processing your special categories of personal information and are indicating
that your answers may be investigated and published by The Wall Street Journal
and you are willing to be contacted by a Journal reporter to discuss your
answers further. In an article on this subject, the Journal will not attribute
your answers to you by name unless a reporter contacts you and you provide that
consent.

Write to Stephanie Armour at stephanie.armour@wsj.com and Sabrina Siddiqui at
Sabrina.Siddiqui@wsj.com


COVID-19 VACCINES

Related coverage, selected by the editors

Are Vaccines Safe for Kids?
Many Parents Plan to Wait to Get Kids Vaccinated
Mixing Shots for Boosters: What to Know
Should I Get a Covid-19 Vaccine Booster Shot? What to Know
Pfizer Vaccine Is World's Preferred Shot
Studies Suggest Vaccines Can Help Fight Long Covid
The Delta Variant and Vaccines: What to Know
Guide to the Different Vaccines and How They Work

Copyright ©2021 Dow Jones & Company, Inc. All Rights Reserved.
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COVID-19 VACCINE MANDATES

Covid-19 vaccination mandates have been imposed unevenly in the U.S. on a state,
federal and individual business level, sometimes in conflict with each other.

 * October 29, 2021
   
   COURT RULES AGAINST RELIGIOUS EXEMPTION FOR NEW YORK HEALTHCARE WORKERS’
   VACCINE MANDATE

 * October 28, 2021
   
   FLORIDA SUES BIDEN ADMINISTRATION OVER COVID-19 VACCINE MANDATE FOR FEDERAL
   CONTRACTORS

 * October 22, 2021
   
   COVID-19 VACCINE MANDATES ARE SURVIVING NEARLY ALL COURT CHALLENGES

 * October 20, 2021
   
   NEW YORK CITY ISSUES COVID-19 VACCINE MANDATE FOR ALL PUBLIC EMPLOYEES

 * October 19, 2021
   
   SOME WORKERS WANT COVID-19 RECOVERY ACCEPTED AS EVIDENCE OF IMMUNITY

 * October 15, 2021
   
   CHICAGO MAYOR, POLICE UNION TAKE VACCINE FIGHT TO COURT

 * October 15, 2021
   
   ITALY IMPLEMENTS TOUGH COVID-19 MANDATE FOR WORKERS, PROMPTING PROTESTS

 * October 14, 2021
   
   COVID-19 VACCINE-MANDATE BANS TREAD ON UNCERTAIN LEGAL GROUND

 * October 13, 2021
   
   FLORIDA FINES COUNTY MORE THAN $3 MILLION OVER VACCINE MANDATE

 * October 13, 2021
   
   BIDEN’S COVID-19 VACCINE MANDATE MOVES CLOSER TO APPROVAL

 * October 12, 2021
   
   COVID-19 VACCINE-MANDATE FIGHT BETWEEN TEXAS AND BIDEN HAS COMPANIES CAUGHT
   IN THE MIDDLE

 * October 12, 2021
   
   NEW YORK’S COVID-19 VACCINE MANDATE NEEDS RELIGIOUS EXEMPTION, JUDGE RULES

 * October 12, 2021
   
   TEXAS GOV. GREG ABBOTT WIDENS BAN ON VACCINE MANDATE TO INCLUDE PRIVATE
   BUSINESSES

 * September 10, 2021
   
   BIDEN’S COVID-19 VACCINE MANDATE SPLITS BUSINESS COMMUNITY

 * September 9, 2021
   
   BIDEN BOOSTS VACCINE REQUIREMENTS FOR LARGE EMPLOYERS, FEDERAL WORKERS

 * July 28, 2021
   
   ARE EMPLOYEE COVID-19 VACCINE MANDATES LEGAL? WHAT TO KNOW