Tens of millions of Americans working in companies with 100 or more employees will have to be fully vaccinated against COVID-19 by January 4 or undergo weekly diagnostic tests, according to new rules issued Thursday by the government.
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The new requirements represent the Biden administration’s boldest action to date to persuade reluctant Americans to receive a vaccine that has been available for months or face financial consequences. If successful, government officials believe it will go a long way toward ending a pandemic that has killed more than 750,000 Americans.
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The new requirements, announced by President Joe Biden in September, will apply to about 84 million workers in medium and large companies, although it is unknown how many of those employees are not vaccinated.
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US Occupational Safety and Health Administration (OSHA) regulations will require companies to require their unvaccinated employees to submit a negative COVID-19 diagnostic test at least once a the week since they wear a mask in the offices.
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OSHA left open the possibility of expanding the requirement to small businesses. He called for a public consultation on whether employers with fewer than 100 workers could handle vaccination or testing programs.
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Tighter rules will apply to another 17 million people who work in nursing homes, hospitals and other facilities that receive funds from the Medicaid and Medicare programs. These workers will not have the option of undergoing only diagnostic tests, so they must be vaccinated.
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Workers may request exemptions for medical or religious reasons.
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And the requirements will not apply to people who work from home or outside.
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Biden described the issue as a simple choice between having more people vaccinated or prolonging the pandemic.
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“Although I would prefer that these requirements were not necessary, too many people are still not vaccinated for us to finally get out of this pandemic,” he said in a statement Thursday.
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The president said the encouragement he has given companies to impose requirements and their own rules for the military and federal workers has helped reduce the number of unvaccinated Americans over 12 years of age from 100 million at the end of July. to about 60 million today.
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Those measures, he noted, have not led to mass layoffs or worker shortages, adding that it is not the first time that employees have been required to get vaccinated against other diseases.
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OSHA said companies that fail to comply with the regulations could face penalties of nearly $ 14,000 per violation.
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However, the agency will have trouble enforcing the requirements. Although it receives help from the states, OSHA has only 1,850 inspectors to supervise 130 million workers in 8 million businesses. A government official said the agency will respond to whistleblower complaints and conduct limited spot reviews.
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The publication of the rules came after several weeks of a regulatory review and meetings with business groups, unions and others.
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OSHA wrote the rules under an emergency authority to protect workers from imminent danger. The agency estimated that the vaccination order will save more than 6,500 workers’ lives and prevent more than 250,000 hospitalizations in the next six months.
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The requirements open the door to potential legal disputes on partisan proportions between the states and the federal government. Several Republican entities and governors threatened to file lawsuits on the grounds that the federal government does not have the power to issue such orders under emergency authority.
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Workers will have to receive either two doses of the Pfizer or Moderna vaccines or one dose of the Johnson & Johnson vaccine by January 4 or be tested for coronavirus each week. Employees who test positive for the virus must leave their workplace.
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Companies will not be required to provide or pay for diagnostic tests for unvaccinated workers, but they must give them paid time off to get vaccinated and sick leave to recover from side effects that prevent them from performing their jobs. Requirements related to masks and paid time off to get vaccinated go into effect on December 5.
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Associated Press reporters Paul Wiseman and Hope Yen in Washington, Tom Krisher and Dee-Ann Durbin in Detroit, Stacey Plaisance-Jenkins in Picayune, Mississippi, and Matt OBrien in Providence, Rhode Island, contributed to this report.
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