Vaccine mandate for businesses published, setting Jan. 4 deadline

The Biden administration published its vaccinate mandate for businesses on Thursday, setting a Jan. 4 deadline in line with healthcare workers and employees of federal contractors. 

The administration said it was on strong legal grounds with the rule, which an official noted is not technically a vaccine mandate, as businesses can also choose to make regular testing and mask wearing an option. 

The mandate, which applies to businesses with at least 100 employees and is expected to cover 84 million people, was developed by the Occupational Safety and Health Administration (OSHA).

Senior administration officials said OSHA’s emergency temporary standard (ETS) to enact the mandate is “well within OSHA’s authority under the law and consistent with OSHA's requirements to protect workers from health and safety hazards, including infectious diseases.” 

Officials also said there is “well established legal precedent” for OSHA's authority to develop safety and health standards and that OSHA has “broad authority” to issue and enforce health and safety standards.

When Biden announced the sweeping vaccine-or-test mandate in September, he faced immediate and fierce opposition from Republican governors.