UPDATE: Per a U.S. Labor Department statement: “On November 1, the Office of Management and Budget completed its regulatory review of the emergency temporary standard. The Federal Register will publish the emergency temporary standard in the coming days.” 

It’s been three weeks since the Occupational Safety and Health Administration’s (OSHA) proposed COVID-19 vaccine rule mandate for employers with 100 or more employees was given to the Office of Management (OMB) for final review.

Officials at OMB have made no comments on the implementation period. It is still expected that the rule will drop this week.

There has been a full court press for the effective date to be delayed. The U.S. Chamber, the National Retail Federation, the American Trucking Association and other retail industry leaders asked the Biden administration to give an additional 90 days before implementing the rule.

These businesses are concerned the rule will trigger resignations at establishments already facing shortages and amplify pressure as the holiday season approaches.

On a specific procedural note, the Indiana Chamber believes that employers impacted by the mandate should not have to pay for unvaccinated employees’ weekly COVID-19 testing since the vaccines themselves are widely available and free. State and national groups have strongly voiced this to the Biden administration, but OSHA unfortunately has a history of having employers bear the brunt of regulatory costs.

That said, JD Supra – a legal news site – is citing “sources” who have leaked the following:

“If employees are able to be vaccinated but choose the ‘test and mask’ option (under their employer’s policy), OSHA’s rule will allow employers to require employees to pay for their own tests and masks. Sources noted, however, that if an employee has a legally protected reason that precludes vaccination, such as a medical condition or a sincerely held religious belief, the employer will be required to cover the cost of testing and masking supplies. Regardless of the reason for remaining unvaccinated, it appears that all unvaccinated employees will be required to wear masks while indoors and when in close contact with coworkers.”

Like with everything about the mandate, it’s wait and see for what actually happens.

The wisest thing for affected employers is to keep preparing – as the fine for non-compliance could be as high as $14,000 per violation.

The Indiana Chamber and our Wellness Council of Indiana stand ready to offer assistance.