The 100-Person Employee Threshold of the Vaccine Mandate Raises Concerns With Employers

President Joe Biden‘s call for OSHA to enact a Covid-19 vaccination and testing mandate for employers with 100 or more employees puts the agency in new territory for rulemaking.

“There is no precedent for a 100-person threshold,” said Thomas McGarity, who teaches administrative law at the University of Texas at Austin School of Law and follows the Occupational Safety and Health Administration’s regulations.

If the emergency rule the agency releases follows the administration’s plan to require that businesses with 100 or more employees ensure their workers are fully vaccinated or tested weekly, it also would be one of the few OSHA regulations that exempts employers based on the number of workers, said Jordan Barab, who served as OSHA’s deputy assistant secretary for eight years during the Obama administration.

The 100-plus employee threshold raises a range of concerns for employers and advocates, including whether people working from home will be included in an employer’s count and how the rule will consider temporary workers and independent contractors.

Join your host Sean Reynolds, owner of Summit Properties NW, and Reynolds & Kline Appraisal as he takes a look at this developing topic.

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