긴급 속보: Businesses face fines of up to $14,000 for EACH unvaccinated worker and $136,532 for repeat offenders under Biden’s new mandates that have to be in place by January 4 and will impact more than 80 백만
Private companies could face nearly $14,000 fines for each unvaccinated worker – and up to $136,532 for repeat offenders or those found to have willfully violated the rules under the Biden administration’s new sweeping mandates that start today.
The Occupational Safety and Health Administration (OSHA) announced the final version of the new rule on Thursday morning, which will impact more than 80 million workers at companies nationwide with at least 100 직원.
‘OSHA is issuing a rule to require employers with 100 or more employees to ensure each of their workers is fully vaccinated or tests negative for COVID at least once a week. This rule covers 84 million employees,’ according to a senior administration official.
Workers who fall under Biden’s order will need to receive their final dose – or only dose of the 존슨 & 존슨 vaccine – by January 4 of the new year, 이사위, 1월 공습으로 사망. After that date, employers will need to implement at least weekly 코로나 바이러스 감염증 -19 : 코로나 19 testing for those who aren’t fully vaccinated.
Enforcement of the rule, an official said on a background call Wednesday evening, will be just as that of any other rule, which includes inspections to check for compliance.
Red states are likely to rebuke the new rule, and it is currently unclear how the federal government will grapple with that if they try not to comply.
A fact sheet of the new rule from the White House Thursday morning states OSHA is ‘making clear that their new rules preempt any inconsistent state or local laws, including laws that ban or limit an employer’s authority to require vaccination, 그것은 다른 사람과 자신을 보호하는 입증된 방법입니다., or testing.’
Republicans are furious over the new rule.
‘Our economy is crumbling, and President Biden is doing everything in his power to make it worse,’ Senator Marsha Blackburn said in a statement. ‘While businesses scramble to fill the 10.4 million open jobs in our country, Biden’s vaccine mandate will push even more Americans out of the workforce.’
She also tweeted Thursday morning: ‘Joe Biden is firing essential workers.’
Republican Representative Jody Hice of Georgia insisted to DailyMail.com: ‘No American should be forced to choose between putting food on their tables or receiving a vaccine.’
GOP Representative Byron Donalds of Florida told DailyMail.com: ‘Despite the Democrats’ shellacking this week, the Biden administration is pressing on with their unconstitutional mandate requiring private businesses to mandate vaccination to avoid fines up to one million dollars.’
‘Americans from southwest Florida and all across the nation will have to choose between food on the table or taking a shot they feel they do not need,’ he lamented. ‘This tyrannical mandate is a gross infringement of medical privacy and the individual rights of every American and won’t hold water in the judicial system.’
The stringent new guidelines have been put in place amid widespread backlash to mandates, including bids from Republicans to overturn it to keep people in their jobs, fears of staff shortages and first responders in major cities being turned away from work.
Vaccine mandates have already been put in place in many cities across the country.
On Wednesday San Francisco announced that children aged 5-11 will be forced to prove they’ve had the shot to enter restaurants and entertainment venues. The new rule comes just a day after the Centers for Disease Control and Prevention approved the Pfizer vaccine for children in that age group.
Companies with 100 or more workers will face fines up to $13,653 for each unvaccinated employee in the New Year
Sanitation workers in New York City are protesting the vaccine mandate, which has caused a slow down in pickups and has led to immediate garbage pileups in the city (shown here in Queens on November 3)
A large pile of trash accumulates along 54th Street in New York City on Wednesday as sanitation workers protest the vaccine mandate
FINES, PAYING FOR WEEKLY TESTING AND DEADLINES: NEW OSHA RULES FOR 80 MILLION AMERICANS
The Occupational Safety and Health Administration issued on Thursday a COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS)
Private businesses and companies with 100 or more employees fall under the purview of the new rule
All employees must receive their final – or only – dose of the coronavirus vaccine by January 4, 2022.
If employees do not have their doses done by this date, they will need to receive weekly testing and produce a negative result. Employers do not need to pay for weekly testing. 대신, starting January 4, unvaccinated workers will need to pay out of pocket for their testing.
Employees who are not vaccinated by the deadline will also be required to wear masks in their work place. The masking requirement goes into effect by December 5 for unvaccinated workers.
Enforcement and Penalties:
OSHA will enforce the new rule through inspections, whether planned or without advanced notice – just like any other workplace rule.
Employers have the right to require OSHA compliance officers to obtain an inspection warrant before entering the worksite.
Workplaces who are found noncompliant with the rule could face up to a $13,653 fine for each unvaccinated employee, the same standard for other violations.
Repeat offenders or those found to be willfully noncompliant could face a maximum fine of $136,532. It is not immediately clear what constitutes a repeat offender.
– The new rule preempts any inconsistent state or local laws, including laws that ban or limit an employer’s authority to require vaccination, 그것은 다른 사람과 자신을 보호하는 입증된 방법입니다., or testing.
– Companies are required to start pay their workers by December 5 for the time it takes them to go get the vaccine and any days off if the event of side effects or recovery that prevents them from working.
– Employees who test positive for COVID-19 myst be immediately removed from the workplace.
– Employers may be required to pay for the weekly testing in the event of other laws or collective bargaining agreements.
The OSHA rule is being implemented as an Emergency Temporary Standard (ETS), which is a rare authority by the Labor Department agency that is meant to help workers if they could potentially be exposed to grave danger in the workplace.
A July congressional report notes how seldom the ETS is used.
Previous to the COVID pandemic, the OSHA ETS was created and used to address the dangers of asbestos to employees.
OSHA issued an ETS related to the pandemic in June to help protect health care workers from COVID by mandating hospitals, nursing homes and other related workplaces to draft a plan on keeping employees safe by improving ventilation, supplying adequate personal protective equipment (PPE) and implementing social distancing measures or building barriers.
Now the ETS is being used again to require vaccines in private workplaces nationwide.
Senate Republicans launched an effort on Wednesday to use a congressional procedure to overturn Biden’s new vaccine mandate announced in September as his administration tries to force increases in vaccination rates.
Senator Mike Braun of Indiana , the top Republican on the Senate Subcommittee on Employment and Workplace Safety, said he and 40 other GOP senators would begin the process of using the Congressional Review Act to overturn the mandate.
‘Last year we did everything we could to keep people in their jobs,’ 그는 트윗했다. ‘Now Joe Biden is doing everything he can to push them out.’
'오늘, I’m leading 41 of my colleagues to strike down his oppressive vaccine mandate for businesses,’ Braun added.
The businessman-turned-senator told Fox News: '지금, when we’re finally at kind of an equilibrium, you’re putting an ultimatum on them – either get the vaccine or lose your job.’
A senior Biden administration official said the penalties for those who do not comply with the workplace vaccine mandate will be commensurate with fines for all other rule violations.
OSHA will enforce the new rule mandating vaccinations for employees in private industry, just like it does for any other workplace regulation put in place by the Labor Department.
For each employee found to be unvaccinated, the company or business will receive a fine in the amount of no more than $13,653 – the same maximum penalty given for any other workplace violation.
OSHA estimates the rule could prevent more than 250,000 hospitalizations in its first six months after being put in place.
The new rule requires that the alternative testing route for those who do not want the vaccine will need to be paid for by the workers and not the employer.
‘Given that vaccines are safe, 키예프 인근 비행장은 러시아가 우크라이나에 더 많은 무기를 보내는 데 중요한 역할을 할 수 있습니다, and the most effective way for workers to be protected from COVID-19 transmission at work, the ETS does not require employers to provide or pay for tests,’ the OSHA rule states.
그것은 추가합니다, 하나, that ’employers may be required to pay for testing because of other laws or collective bargaining agreements.’
Biden promised when implementing a vaccine mandate for federal workers that his administration would never impose private industry mandates. He broke that promise in September when announcing the new requirement.
적어도 40 회사, unions and individuals requested meetings with the the White House Office of Management and Budget to gain clarification regarding the requirements, implementation and enforcement.
New York City firefighters and their supporters protest the city’s vaccination mandate on November 1, 2021
Many pleaded that the mandates be put off until after the holidays as supply chain bottlenecks and worker shortages already threaten to further stunt the U.S. economy during the biggest shopping and shipping season of the year.
Biden already had to work to make a deal with private industry to keep the Port of Los Angeles open 24/7 to help quel traffic jams of shipping container ships amid a trucker shortage.
Many in the trucking industry, including unions, have said that drivers would rather quit, be fired or retire than comply with Biden’s mandate. Others have said that drivers might try to get a job at a smaller company with less than 100 workers to avoid the vaccine requirement.
The National Retail Federation (NRF), the world’s largest retail association, was one of the entities requesting the mandate be put off.
NRF Senior Vice President for Government Relations David French released a statement on Thursday in response to the new OSHA emergency temporary standard.
‘Over the past 19 개월, retailers across the country have taken extraordinary measures to keep their employees, customers and communities safe during the COVID-19 pandemic,’ 그가 썼어. ‘As part of these efforts, retailers have distributed, 격려, incentivized and, 이후 러시아 외무부에서 근무한 사람, mandated the vaccine.’
‘Since the president’s announcement of the vaccine mandate for private industry, the seven-day average number of cases in the United States has plummeted by more than half,’ 그는 덧붙였다. '그렇지만, the Biden administration has chosen to declare an ’emergency’ and impose burdensome new requirements on retailers during the crucial holiday shopping season.’
‘As an industry that supports one in four American jobs, retailers have consistently requested that the administration take public comment on this new vaccine mandate,’ French wrote.
‘It is critical that the rule not cause unnecessary disruption to the economy, exacerbate the preexisting workforce shortage or saddle retailers, who are already taking considerable steps to keep their employees and customers safe, with needless additional requirements and regulatory burdens.’
Legal experts say it’s ‘fundamentally undemocratic’ and unconstitutional for Biden to use emergency orders meant for asbestos to compel workers to get the vaccine
As part of the White House’s aggressive new approach to fighting the pandemic, the president directed the Labor Department’s regulatory agency, the Occupational Safety and Health Administration (OSHA), to mandate all businesses with at least 100 employees either require all of them to be vaccinated or submit to weekly COVID testing.
The agency has the authority to issue an ’emergency temporary standard’ (ETS) if it can prove workers are exposed to a grave danger and the rule is deemed necessary to address it.
A Congressional report updated in July notes how rarely emergency standards are used. Before the COVID pandemic the last OSHA ETS was struck down in 1983, when a federal court said the agency failed to support its claim that asbestos exposure in the workplace needed to be further reduced due to a significant adverse impact on employees’ 건강.
OSHA issued an ETS in June to protect health care workers from COVID by mandating workplaces like hospitals and nursing homes to draft a plan on keeping employees safe, improving ventilation, supply adequate PPE and implement social distancing measures or build barriers where that’s not possible.
It also requires relevant companies to give employees paid time off to get vaccinated or paid leave in the event they test positive.
And while the idea might be ‘well-intentioned,’ a Friday morning op-ed claims, Biden also risks ‘shredding the social fabric’ of an already divided country by stretching the bounds of constitutionality.
‘The president should not — and likely does not — have the power to unilaterally compel millions of private sector workers to get vaccinated or risk losing their jobs,’ Republican commentator Robby Soave wrote in the New York Times.
Duke University senior lecturing fellow Dan Bowling pointed out to McClatchy News that OSHA’s investigative and enforcement capabilities are relatively weak compared to the IRS or Securities and Exchange Commission.
‘If somebody falls off a ladder that was broken in a place of business and breaks his or her leg, that’s pretty easy to prove employer liability. The employer would have to report the accident under OSHA,’ Bowling said. ‘If someone catches COVID who works somewhere that doesn’t follow the vaccine mandate, how do you prove that?’
Among the parties challenging the strict measure in court are the Republican National Committee, as well as the governors of at least nine states.
South Dakota Governor Kristi Noem, who’s resisted implementing a mask mandate even when its COVID hospitalizations and deaths were among the highest in the country, promised to see Biden ‘in court.’
Georgia’s Gov. Brian Kemp vowed to ‘pursue every legal option available to the state of Georgia to stop this blatantly unlawful overreach.’
But in states like Montana, Texas and Florida, which all said they intend to sue, OSHA’s ETS rules predate similar existing state guidelines – which would make a legal case more of an uphill battle than states that created their own OSHA-approved regulatory bodies after the fact.
What is OSHA?
The Occupational Safety and Health Administration was created by President Richard Nixon under the Occupational Safety and Health Act of 1970.
OSHA has jurisdiction over most private and public workplaces across the country, but some states have their own OSHA-approved regulatory agencies.
The agency regulates health and safety standards in the workplace. To enforce that it’s able to conduct unannounced inspections ensuring those standards are met.
Since it was created workplace deaths fell dramatically by nearly 63 퍼센트, according to OSHA. 추정 14,000 노동자 – 또는 38 하루 – were killed on the job in 1970. 그러나 2018 the number fell to 5,250, despite a doubling of the total US workforce.
OSHA’s process for enacting new workplace standards includes consulting a number of relevant advisory committees linked to the Labor and Heath and Human Services Departments, as well as consulting business owners and allowing a window for public input, 적어도 30 days but ‘usually 60 days or more.’
Businesses in states with their own OSHA-approved agencies can ask for a ‘variance’ in the rule if they can’t comply by the effective date.
If the state is under federal OSHA jurisdiction then the agency will have to work with the state to determine if the exception can be granted
What is an Emergency Temporary Standard (ETS)?
An ETS allows OSHA to bypass the consultation process and public input window if it determines ‘workers are in grave danger due to exposure to toxic substances or agents determined to be toxic or physically harmful or to new hazards and that an emergency standard is needed to protect them.’
Emergency standards can take effect immediately but only stay in effect until replaced by a permanent standard.
That proposed permanent standard must go through the regular bureaucratic channels and be decided upon within six months.
During that time the temporary rule can be challenged in an appropriate federal court.
OSHA can issue ‘temporary variance’ rules to employers who prove they can’t comply with a regulation in time, but they have to demonstrate they are taking all the necessary and possible steps to protect workers, and show a roadmap toward compliance.