What to Expect From Biden's Executive Orders

New vaccine requirements will impact large employers and federal contractors.

vaccine card

The Biden Administration announced last week that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated against COVID-19 or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. The Emergency Temporary Standard is expected to require businesses meeting the 100-worker threshold to give employees paid time off to get themselves or family members vaccinated.

While we don't know exactly when the ETS will be formally issued, we do know that the ETS can remain in place for six months. After that time, it must be replaced by a permanent OSHA standard, which must undergo a formal rulemaking process involving a typical notice-and-comment period.

The Administration also issued an Executive Order to establish guidelines mandating that federal contractors be vaccinated. The order instructs agencies to ensure that contracts have a clause requiring contractors and subcontractors to comply with all guidance for contractor workplaces issued by the Safer Federal Workforce Task Force. That group is under a September 24 deadline for issuing specifying the exact requirements for federal contractors.

The Association is closely following all developments and will share analysis of how credit unions will be impacted once OSHA's ETS is issued, along with the gudiance on federal contractors. Legal challenges are expected, but how that plays out in terms of whether any ruling on a challenge will be immediately effective or stayed pending appeals we will be monitoring as well. We will share any significant developments as they occur.