As COVID-19 cases increase and the Delta variant continues to spread, a lot has been happening on the vaccination and mask front at both the federal and local levels. As a result, you may be bombarded with overwhelming information and details. To help you sort it all out, we’re providing you with the basics.
Biden Administration Mandates Vaccinations
On Thursday, September 9, President Biden announced steps that the Administration is taking in an attempt to boost the economy by reducing the spread of COVID-19. In the next few weeks, the Department of Labor’s Occupational Safety and Health Administration (OSHA) will issue an Emergency Temporary Standard to implement a new mandatory vaccination requirement. Additionally, President Biden signed two executive orders requiring federal employees and federal contractors to get vaccinated. Although we expect more information to be made available in the upcoming weeks (such as, “what is this going to cost the employer?”), here’s a quick overview of what we know so far:
- Employees of employers with more than 100 employees must be vaccinated or test weekly: All employers with 100 or more employees must ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. Employers will also be required to provide paid time off to employees to get vaccinated and recover from any side effects from the vaccine.
- Healthcare workers must be vaccinated if the organization receives Medicare or Medicaid reimbursement. This will include most health care employers, including hospitals, dialysis facilities, ambulatory surgical settings and home health agencies, and will also include staff (and volunteers) who are not involved in direct patient care.
- All federal employees must be vaccinated. Since July, federal workers have been required to get vaccinated or test regularly. Under the new order, there is no longer an option avoid vaccination by testing weekly. The President has signed an executive order to require all federal executive branch workers to be vaccinated.
- Employees of government contractors must be vaccinated. President Biden also signed an executive order requiring that all employees of federal government contractors be vaccinated.
Employers will still need to make reasonable accommodations for those who cannot get vaccinated due to a sincerely held religious belief or disability. But there are a lot of unanswered questions out there. Who will pay for the testing and vaccinations? Will employers who pay be eligible for some sort of tax break? Is time spent getting vaccinated or tested considered “hours worked” under the Fair Labor Standards Act? Stay tuned.
Springfield Mandates Masks Regardless of Vaccination Status
Springfield’s Mayor Sarno has announced that Springfield will join the long list of Massachusetts cities and towns with mask mandates. If your business is not in Springfield, you should regularly check the state-of-the-mask requirements in your company’s city or town. If you’re a Springfield business, here’s what you should know:
- The mandate is effective as of Monday, September 13, 2021.
- As of this time, it’s scheduled to continue only through November 1, 2021.
- It applies to everyone over two years old—both vaccinated and unvaccinated.
- It applies to indoor public places including municipal buildings, private businesses, as well as public gatherings and events.
- Employees in shared office spaces where physical distancing of at least 6 feet is possible are not required to wear masks.
- Masks are mandated in most sports at certain times. For example, they must be worn in dugouts, on benches and in common seating areas. While masks don’t need to be worn while swimming, they must be worn on indoor pool decks, locker rooms, etc.
In summary, it’s back to masks at restaurants, gyms, and libraries, among many other places. Employers will need to make reasonable accommodations for those who cannot wear a mask due to a disability or sincerely held religious belief.
If you’re interested in all the ins and outs, you can find the order here. Employers covered by the Springfield mask mandate should communicate their expectations for compliance to their employees right away. There’s undoubtedly going to be a lot of information coming out over the next weeks and months—especially regarding the federal mandates. If you are not sure whether your company is subject to the changes or otherwise have questions, our attorneys are here to assist you with compliance.