Published on Oct 12, 2021

More on COVID-19 vaccines: Federal OSHA rules, mandates, and boosters. Oh my!

Contact: Matt Doumit

The last two months on the COVID-19 vaccine front have been busy ones at both the state and federal levels. In late August, the Food & Drug Administration (FDA) gave its full approval for the Pfizer-BioNTech COVID-19 vaccine and Moderna began the application process for full approval of its vaccine. This prompted an increase in vaccination rates and reduction in the spread of COVID-19 during the delta variant surge. Here, we overview the federal COVID-19 policies and developments that may impact Washington’s cities in the coming months.

Safety and Health Administration (OSHA) large employer vaccine rules: On September 9, President Biden announced the development of new emergency federal regulations requiring all employers with 100 or more employees to either require vaccinations or regular COVID testing for unvaccinated employees. OSHA is in the process of developing the rule, which is expected to apply to both private and public employers in Washington. By AWC’s count, around 60 cities in Washington have 100 or more employees and could be subject to the upcoming rule.

According to the White House, OSHA anticipates releasing the emergency rule in the coming weeks, but does not yet have a hard-and-fast release date; nor has it released any additional specifics on what the rule is likely to include. White House officials have told AWC that the rule would likely draw from the work OSHA has already done on its existing COVID-19 Healthcare Emergency Temporary Standard. The White House also released a report on October 7 that overviews the history of governmental vaccine requirements generally and the scientific and economic data in support of the current COVID-19 vaccination requirements.

Federal worker vaccine mandate Earlier this summer, the federal government instigated the first major set of vaccine requirements for federal workers. Those rules require federal workers to be fully vaccinated or get approved for a medical or religious exemption by November 22. On October 4, the Office of Management and Budget released guidance for federal workers on conditions on which exemptions will be allowed. The guidance document can be found here. Federal workers that are denied an exemption will have two weeks to get their first shot or face possible termination. Religious or medical exemptions can be denied if an agency decides that accommodating the employee cannot be done safely. Some cities may choose to model their own vaccine guidance on federal or state policies.

Boosters FDA’s full approval for the Pfizer vaccine in late August opened the door to the first vaccine mandates. In late September, the FDA also authorized a third dose booster shot for certain recipients of the Pfizer vaccine. The boosters are recommended for people:

  • Age 65 and older,
  • Age 18 - 64 at high risk of severe COVID-19, and
  • Age 18 - 64 who live or work in settings with high risk of exposure to COVID-19.

Boosters are so far only authorized for the Pfizer vaccine. The Biden Administration had initially sought to authorize boosters for everyone, but the FDA and Centers for Disease Control and Prevention (CDC) disagreed, arguing that the original two shot regimen was still effective in most people and that vaccine supplies and efforts should remain focused on getting the unvaccinated their first shots. The FDA and CDC committed to evaluating the broader need for boosters as time goes on.

The Washington Department of Health (DOH) has adopted the CDC and FDA’s recommendations on boosters. City employees who want a Pfizer vaccine booster and are over age 65 or at high risk of COVID-19 (or employees that are seeking their first shots) can get find an appointment for a shot using DOH’s Vaccine locator tool.

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