As the COVID-19 Pandemic continues deep into its second year and coupled with the rollout of vaccines becoming widely available, the federal government has slowly become more aggressive in its pursuit to vaccinate Americans. President Joe Biden announced his “Path Out of the Pandemic” plan in September 2021, and with it, his administration’s most drastic measures yet in the effort to combat rising COVID-19 infections, especially in the wake of the Delta variant.

As part of his plan, Biden directed the Occupational Safety and Health Administration (OSHA) to develop a rule that “will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work.” Biden further directed OSHA to issue an Emergency Temporary Standard (ETS) to implement the requirement. This will impact potentially more than 80 million employees in private sector businesses that employ 100 or more employees.

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