Is Biden’s COVID-19 vaccine mandate a law? What happens to those who don’t get the shot?
a nationwide mandate to fight against the COVID-19 pandemic on Thursday, ordering American employers with 100 or more workers to ensure their workforce is entirely vaccinated.
Biden’s six-part plan to counteract the delta variant is his most aggressive action he’s taken yet, as it is expected to impact nearly 80 million Americans, including government employees who also fall under the mandate.
But what are the consequences for an individual who doesn’t comply? Is a failure to meet the mandate requirements the same as breaking the law?
As many GOP governors oppose Biden’s orders and have threatened lawsuits, USA TODAY examines the intricacies of the mandate that will go into effect in the coming weeks.
Are mandates enforceable?
Biden’s pathway to enforce the mandate is through the Occupational Safety and Health Administration (OSHA), which can require businesses and large companies to put safety regulations in place to ensure the health and security of the people who work at a given company. No mandate has focused on individuals like this, however, as OSHA mandates in the past have typically focused on work conditions at the property of the company. One exception is that OSHA has enforced companies requiring hepatitis B documentation, but that wasn’t technically a mandate.
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“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, a leading expert on vaccine law.
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Is the punishment for breaking a mandate the same as disobeying a law?
Not exactly. The mandate is far more macro than it is micro, and is a far cry from being the same as breaking the law.
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Abramson expects there to be less viable broad-stroke lawsuits and foresees the nuances of the mandate to be targeted in the coming months. One of those nuances will be what a vaccine requirement looks like for those who fall under the Americans with Disabilities Act.