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AmBA Issues Staff Analysis of Biden’s COVID Plan for Employers

September 13, 2021

ABA has published a members-only staff analysis of President Biden’s COVID-19 plan issued Thursday. The action plan includes a requirement that private-sector businesses with 100 or more employees either “ensure their workforce is fully vaccinated” or require unvaccinated workers to be tested weekly for COVID-19. An Occupational Safety and Health Administration official stated on Friday that the emergency temporary standard would be released “in the coming weeks.” It would take effect immediately.

In its analysis, ABA observed that governors and potentially other parties are expected to file lawsuits seeking an injunction once the OSHA ETS is released and that “courts rigorously assess whether OSHA is acting within its statutory authority when releasing an ETS.” Because of these expected challenges to the ETS, ABA stated that “banks may wish to consider carefully the resources and effort they expend at this time to develop a program in anticipation of compliance with the ETS.” ABA suggested that banks should continue to urge all employees to become vaccinated and to track the vaccination status of all employees. Banks also may consider requiring all employees to be vaccinated.

Biden’s action plan also includes an executive order that requires federal contractors to follow the COVID-19 safeguards published by a federal government task force, which is expected to mandate that federal contractors require their employees to be vaccinated. In its analysis, ABA stated that “there is reason to believe that the 2021 Executive Order does not apply to the vast majority of banks.” Read the staff analysis.



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