Is Biden’s COVID-19 vaccine mandate enforceable?
President Joe Biden’s new mandate orders private employers with 100 or more workers to require vaccination or weekly tests.
The legality of the order is a point of contention. What are the consequences for an individual who doesn’t comply? Are they technically breaking the law?
“This isn’t OSHA’s first foray into vaccine law, but Biden’s mandate is by far the most extensive in using OSHA as a vehicle for requirement,” said Brian Dean Abramson, an expert on vaccine law.
Businesses that don’t comply with the order face up to $14,000 in fines per violation. OSHA will enforce the fine.
“Overall, it’s important to know that this isn’t an absolute mandate,” Abramson said. “Because you can still not get the vaccine and get COVID tested. Does the company pay for that? Usually OSHA would put that on the company. And will the company show pushback to the extra cost?”