New Vaccine Mandate Resources

On Nov. 4, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a new federal rule mandating COVID-19 vaccinations or a minimum of weekly testing for workers at U.S. companies with 100 or more employees (see the OSHA webinar recording: COVID-19 Vaccination and Testing Emergency Temporary Standard). The Biden administration also released a new rule through the Centers for Medicare and Medicaid Services (CMS) that requires workers at health care facilities participating in Medicare or Medicaid to be fully vaccinated by Jan. 4, 2022. However, most home- and community-based organizations are excluded from the definition of a “covered entity,” as the rule provides an exemption for certain services. For additional details, see our Nov. 8 federal update.

Leaders of community-based organizations are finding themselves needing to determine their organizations’ paths for creating and upholding vaccine policies, a topic that was covered in the Dec. 1 webinar, Critical Conversation: The State of Vaccine Mandates and Community-Based Organizations. Leaders are also finding that their community partnerships are a powerful resource for support and guidance around vaccine hesitancy that could be present in their staff and community, particularly when it comes to health equity in underserved communities.

To help community-based organizations navigate this complex issue, this list of resources breaks down key considerations and includes tools and tips to meet compliance requirements and address vaccine polarization present in many workforce environments and communities.

OSHA Emergency Temporary Standard (ETS)

COVID-19 Vaccination and Testing ETS Landing Page
United States. Dept. of Labor
Includes links to the full Federal Register rule, webinar overview, fact sheets, FAQ, social media toolkit, and sample policy templates.

CMS Emergency Regulation

Biden-Harris Administration Issues Emergency Regulation Requiring COVID-19 Vaccination for Health Care Workers
Centers for Medicare & Medicaid Services
Press release with links to the interim final rule and list of FAQs

Employer Compliance Tips

OSHA Emergency Temporary Standard: COVID-19 Vaccination and Testing Requirements for Larger Employers
National Council of Nonprofits
Summary that answers most nonprofit questions and aids nonprofit employers seeking to determine coverage and comply with the standard. It includes compliance tips, how employees are counted, who is exempt, and what the requirement means in real terms.

CMS Announces New COVID-19 Vaccination Requirements for Health Care Facilities under Medicare and Medicaid Programs
National Association of Counties
Brief summary of the eligibility, requirements, and compliance deadlines under the interim final rule.

How to Comply with OSHA’s COVID-19 Vaccination Emergency Temporary Standard
SHRM
Step-by-step guide for determining employee vaccination status, testing logistics, paid time off, remote workers, written policies, communications, and reporting and record keeping.

5-Step Plan for Employers After President Biden Announces Workplace Vaccine Mandates
Fisher Phillips
Five-step action plan includes tips on developing a plan for handling accommodation requests, preparing for OSHA complaints and inspections, etc.

How Employers Can Handle Confidentiality and Privacy Concerns Related to Collecting COVID-19 Vaccine Information
Fisher Phillips
Important points to keep in mind when tracking, collecting, or disclosing an employee’s vaccination status in certain circumstances.

An Employer’s Guide to Navigating Third-Party Vaccine Mandates on Visitors, Vendors, and More
Fisher Phillips
Includes information about how to enforce your own COVID-19 policy on customers, contractors, and guests.

Equity

Social Current serves on the advisory board of the National Covid-19 Resiliency Network (NCRN), to mitigate the impact of COVID-19 on racial and ethnic minority, rural, and socially vulnerable populations. Stay up to date with new resources about COVID-19 by joining the network and follow them on social media.

Emphasizing Equity in COVID-19 Vaccine Requirements
Made to Save
Includes many ways to focus on equity aligned with the principles of health and safety, lived experiences of those who are affected, and information and access.

Want People to Take the COVID-19 Vaccine? Confront Racism in Health Care
The Commonwealth Fund
Shanoor Seervai talks to Rhea Boyd, M.D., a pediatrician and public health advocate, about what it takes to dismantle the historic racism that has long prevented people of color from getting the health care they need.

COVID-19 Vaccine Equity
Centers for Disease Control and Prevention
Use these resources to engage with communities that have been affected by COVID-19. Many of the resources available can be tailored for racial and ethnic minority communities.

Vaccine Hesitancy

Vaccinate with Confidence
Centers for Disease Control and Prevention
Includes links to How to Build Healthcare Personnel’s Confidence in COVID-19 Vaccines, strategies for workplaces, and reports about the status of COVID-19 vaccine confidence.

Language that Works to Improve Vaccine Acceptance: Communications Cheat Sheet
de Beaumont
Recommendations derived from data in a nationwide survey of 1,400 registered voters with an oversample of 300 Black Americans and 300 Latinx Americans.

What Role Do Culture and Morale Play in Vaccine Mandates?
Starner
Insight on potential resistance from employees who are not in a protected category but refuse to be vaccinated, as well as fears of the impact of a mandate on company culture and employee morale.

Testing

Three Steps to Smart Covid-19 Testing: A Guide for Employers
Duke-Margolis Center for Health Policy
This guide is designed to help businesses and other organizations develop appropriate Covid-19 testing plans to enable safe operations during the pandemic.

The Weekly Testing Option in Biden’s COVID-19 Mandate: Prepare Now for a Fast Start
Gartner
Covers what tests to accept, whether your company must pay for the tests, where to have employees tested, how to verify test results, and how to deal with non-compliance.

Do We Have to Pay for That? Part 1—COVID-19 Vaccination, Testing, and Screening Activities
National Law Review
Looks at vaccination, testing, and screening considerations during and outside of working hours.