Federal rule in the works could force unvaccinated workers to pay for their COVID-19 tests

A federal vaccination mandate currently under review for private companies could allow employers to make workers who refuse to get the shot pay for required COVID-19 testing and masks, two sources familiar with the matter told Bloomberg.

On Sept. 9, President Joe Biden unveiled his administration's multipronged pandemic approach, which includes a requirement that all private employers with 100 or more employees ensure their staff are fully vaccinated or undergo weekly testing.

The rule would allow employers to either pay for testing and masks for unvaccinated workers, who would be required to mask up while indoors and in close contact with co-workers, or make those workers pay for the masks and testing themselves, according to Bloomberg's sources, who requested anonymity because they weren't authorized to discuss the rulemaking. 

The sources told Bloomberg companies could be required to pay for testing and masks for workers who are eligible for religious exemptions under federal law, and employers may also be required to pay testing costs when those costs are subject to a union labor deal.

The Labor Department's Occupational Safety and Health Administration is tasked with issuing an emergency temporary standard to implement the requirement. On Oct. 12, in a statement shared with Becker's, OSHA announced that as part of the regulatory review process, the agency submitted the initial text of the emergency temporary standard to the Office of Management and Budget.

White House officials at the Office of Management and Budget have met with labor unions, industry lobbyists and others amid the federal government's final review of the mandate expected to apply to more than 80 million workers in private sector businesses, according to CNBC.

Bloomberg reported that the rule is expected to be released the week of Nov. 1, and final decisions regarding testing costs and other parts of the rule are still subject to approval by President Biden's administration.

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