Vaccine & Testing Mandate Updates

Confused yet? It is easy to be since the COVID-19 vaccine requirements and laws seem to be ever-changing these days. Let us help clarify the latest updates, as of 12/30/21 anyway! 

Federal Contractors – Vaccination Mandate 

The Safer Federal Workforce Task Force issued guidance that covered contractor employees must be fully vaccinated. The date has changed since initial release and now indicates employees must have their final vaccine dose by no later than Jan. 18, 2022. Covered employees are those workplaces where individuals work on, or in connection with, a government contract or subcontract. This affects full and part-time employees, including remote/work from home employees. Employees must either be fully vaccinated or have an approved medical or religious exemption.  

Large Employers – Vaccine-or-Test Mandate 

OSHA issued the Emergency Temporary Standard (ETS) requiring that employers with 100 or more employees ensure that each of their workers is fully vaccinated or, alternatively, employees can choose to be subject to testing for COVID-19 on at least a weekly basis and wearing a mask daily. The date has changed since initial release and currently requires vaccine mandate compliance by Jan. 10, 2022 and testing requirement compliance by Feb. 9, 2022. Currently this standard is being legally challenged. The Supreme Court will hear oral arguments on the case on Jan. 7, 2022, but employers need to be prepared to implement requirements quickly if the ETS remains legal.  

Healthcare Employees – CMS Vaccine Mandate 

Centers for Medicare and Medicaid Services Omnibus COVDI-19 Health Care Staff Vaccination Interim Final Rule requires workers at health care facilities participating in Medicare or Medicaid to have received the necessary COVID-19 shots to be fully vaccinated by Jan. 4, 2022. The rule applies to employees regardless of whether their positions are clinical or non-clinical and includes employees, students, trainees, and volunteers who work at a covered facility that receives federal funding from Medicare or Medicaid. It also includes individuals who provide treatment or other services for the facility under contract or other arrangements. Employees must either be fully vaccinated or have an approved medical or religious exemption. Currently this mandate is being legally challenged. The Supreme Court will hear oral arguments on the case on Jan. 7, 2022, but employers need to be prepared to implement requirements quickly if the CMS Vaccine Mandate remains legal.  

OSHA Emergency Temporary Standard (ETS)  

In order for Employers to be compliant with OSHA ETS guidelines, they must: 

• Establish, implement, and enforce written policies 
• Determine vaccination status of each employee 
• Maintain record of each employee’s vaccination status, approved exemption status and/or weekly test results 
• Provide paid time off to obtain vaccine 
• Comply with various reporting requirements (employees report positive results, employers report COVID-19 related incidents to OSHA) 

CMS Vaccine Mandate 

The vaccine mandate subject employees to be “fully vaccinated” unless: 

• Request and receive exemption (disability, religion). 
• Request and receive a temporary delay “due to clinical precautions and considerations;” or 
• Provide fully remote telehealth or payroll services, and thus do not have any direct contact with patients or other staff.  

Here are the requirements:  

• Employers must maintain proof of vaccination status: 
  • CDC COVID-19 Vaccination record card (or legible photo of the Card). 
  • Documentation of vaccination from a health care provider or electronic health record 
  • State immunization information system record (Oklahoma Immunization Information System 

Vaccination of Federal Contractor Employees 

Employers should note: 

• Even fully vaccinated employees must wear masks indoors during “periods of high or substantial community transmission” which must be reviewed weekly.  
• Unvaccinated (exempted) employees must (a) wear masks indoors and in crowded outdoor settings or outdoor activities that involve close contact with other unvaccinated employees, and (b) social distance.  

Don’t forget, employers also have to designate a responsible person in the organization for the compliance with these requirements.   

Still lost or just want to make sure you are following proper COVID-19 protocols for your business? Need ideas on how to track all of this? Want someone else to manage this process for you? Call us at 539-215-8868 and schedule a consultation today.  Our staff are here to help!