On Tuesday, October 12, 2021, as part of the regulatory review process, the Occupational Safety and Health Administration (OSHA) submitted the initial text of the federal government’s vaccine mandate to the Office of Management and Budget (OMB).

A Department of Labor spokesperson said that “the Occupational Safety and Health Administration has been working expeditiously to develop an emergency temporary standard that covers employers with 100 or more employees to ensure their workers are fully vaccinated or undergo weekly testing to protect employees from the spread of coronavirus in the workplace.”

The next steps for the mandate will be review by the OMB and, finally, publishing the mandate in the Federal Register.

But that doesn’t seem to be the last time the mandate will be reviewed. In a joint letter, two dozen attorneys general have threatened to sue the Biden Administration over the vaccine mandate. They claimed that the mandate “will further strain the already-too-tight labor market, burdening companies and threatening the jobs of those who have received the vaccine.”

For now, it’s important to come to terms that in the next few weeks it’s very likely the mandate will be published in the Federal Register. That means that businesses not in compliance with the mandate would risk fines and/or other government penalties.

Obviously, in New York State, there are other vaccine mandates for certain professions and businesses. This development is from the federal government and applies in addition to the New York rules.

For more information on the mandate, who it covers, and possible penalties, check out our blog from September 10, 2021 called HR Alert: The Federal Vaccine Mandate is Here. Have a question about the vaccine mandate, whether it applies to your business, or if you should put a plan in place?

The Coppola Firm is happy to help you navigate through your obligations.