US Is Biden's COVID-19 vaccine mandate a law? What happens to those who don't get the shot?
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President Joe Biden initiatedto 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?
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As many GOP governors oppose Biden's orders and have, 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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Biden's vaccine mandates:
What does the Supreme Court say?:
"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.
Abramson, a professor at Florida International University and the author of Bloomberg Law's "Vaccine, Vaccination, and Immunization Law," told USA TODAY this is the most sizable federal vaccine mandate in the history of nation. He noted that even smallpox mandates in the 19th century and early 20th centuries were enforced from U.S. states.
In addition to the vaccine requirement for companies, employees are ordered to face weekly COVID-19 testing should they not receive a vaccination. Businesses that do not comply with Biden’s directive could face substantial fines up to $14,000 per violation, the White House announced alongside the mandate, with OSHA enforcing the fine.
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There’s a decent chance that the COVID-19 pandemic will play more of a role during the 2021 NFL season than last year. We’re seeing relaxed protocols from the league as it relates to fully vaccinated players with Week 1 of the campaign slated to get going Thursday evening. It has already led to some COVID-related issues for teams. That includes star guard Zack Martin and the Dallas Cowboys with their opener against the Tampa Bay Buccaneers mere days away. Despite being fully vaccinated, Martin tested positive for the virus and will miss the game.NFLPA president JC Tretter of the Cleveland Browns touched on this recently.
Is it legal to mandate COVID-19 vaccination? What will the blowback be?
While it is legal to enforce the mandate via OSHA, it's also legal for pushback litigation by major CEOs of companies who disagree with the mandate. Although Republican governors have publicly condemned the bill more than any other public figures, it would be company employers who hold the most ground to pursue legal action.
Employers could potentially seek a nationwide injunction against OSHA, asking a judge to say that this particular requirement doesn't fall under the realm of other enforcements such as a leaky roof.
The most likely legal challenge to the president's intended vaccine mandate falls in line with the Commerce Clause of the U.S. Constitution, which gives Congress the constitutional power to regulate commerce both with foreign nations and among the states. That will call into question whether OSHA can broadly mandate vaccines.
Many companies won't immediately treat the mandate as law without their own internal investigation. Home Depot, as an example, issued a statement on the mandate, noting that the company was "evaluating these new developments" while not currently requiring vaccinations.
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'I’m worried about my family':
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.
Abramson said OSHA will not specifically fine or focus on individuals who are unvaccinated but more so frame it on the company's responsibility. Where it gets complicated is when it comes down to the cost of COVID-19 tests for those who choose not to be vaccinated.
"Overall, it's important to know that this isn't an absolute mandate," he 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?"
For health care workers:
New COVID-19 variant:
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.
Bills GM Brandon Beane: It's a competitive disadvantage to not be 100% vaccinated
Only three teams in the NFL have reportedly reached 100% vaccination: the Falcons, Buccaneers and Raiders.Beane was asked by John Kryk of the Toronto Sun whether it's a competitive disadvantage not to have a fully vaccinated roster. He said it is, especially when going up against a team that is fully vaccinated.
This article originally appeared on USA TODAY:
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