Introduction
Biden's Employer Mandate
All employers, including churches, with 100 or more employees will be impacted by this mandate.
The mandate also applies to employees that report to a worksite at least once in a 7-day period. It does not include remote employees who do not interact with coworkers or clients, employees who work from home, and employees who exclusively work outdoors.
Vaccination
Employers with 100 or more employees will need to verify their employees’ vaccination status by January 10, 2022. Additionally, they must also implement a workplace policy by January 10, 2022, that requires all employees to either be vaccinated or submit weekly COVID-19 tests and wear masks while in the workplace.
The employer’s policy goes into effect on February 9, 2022, pending current legal challenges. The mandate also requires employers to provide up to four hours of paid time off for employees to receive each dose of the COVID-19 vaccine. Additionally, employers must provide reasonable paid time off for recovery after vaccination, if necessary.
Testing
Employees that are unvaccinated or partially vaccinated must take a COVID-19 test once every seven days. Self-administered tests are not allowed unless observed by the employer or an authorized telehealth proctor.
Employees who test positive for COVID-19 must promptly alert their employer, and the employee must leave the workplace or be removed by the employer. If an employee tests positive, the employee is not required to take another COVID-19 test for 90 days following the positive test result.
If an employee does not provide his or her test result, the employer must remove the employee from the workplace.
Employers are not required to pay for COVID-19 testing of unvaccinated employees unless that is required by other laws, regulations, or collective bargaining agreements.
Masking
Unvaccinated employees must wear masks over their noses and chins while in the workplace. OSHA encourages employees to report any employers who do not enforce the masking rule.
Record Keeping & Reporting
Employers must provide their employees with a copy of their own vaccination, testing, and masking policies, as well as the CDC guidance on vaccines.
Employers must maintain a record of each test result and medical records standards apply. Upon request of an employee, employers must make an employee’s testing and vaccination records available by the end of the next business day.
Upon request of an employee, an employer must also make available the total number of fully vaccinated employees and the total number of employees by the end of the next business day.
Upon request of OSHA, employers must provide their vaccine, testing, and masking policies, and the number of fully vaccinated employees within four business hours.
Additionally, the employer must report each work-related COVID-19 fatality to OSHA within eight hours of learning about it. Employers must also report each work-related COVID-19 hospitalization to OSHA within 24 hours of learning about it.
By January 10, 2022:
BY February 9, 2022:
The ordinary penalty for violating an OSHA regulation is up to $14,000 per violation, and up to nearly $140,000 per willful violation.
Legal Help for Your Church
ADF reviews your church’s documents to help maximize religious freedom protections.
Consult with ADF attorneys about your religious liberty questions.
ADF may represent your church in cases involving its religious freedom, if necessary and appropriate.
Specialized resources such as webinars and newsletters tailored to protecting the religious liberty of churches across the country.
ADF reviews your church’s documents to help maximize religious freedom protections.
Consult with ADF attorneys about your religious liberty questions.
ADF may represent your church in cases involving its religious freedom, if necessary and appropriate.
Specialized resources such as webinars and newsletters tailored to protecting the religious liberty of churches across the country.