Policies & Issues

What to Know About the Vaccine Mandate

Policies & IssuesNov 11, 2021

What to Know About the Vaccine Mandate

Plus, why the National Retail Federation is suing over the OSHA rule.

A new OSHA rule will require companies with 100 or more employees to either have their workers fully vaccinated against COVID-19 or require weekly testing. Here’s what retailers need to know.
New York—President Biden announced in early September the U.S. would be ramping up the fight against COVID-19, starting in the workplace.

He reached out to the Occupational Safety and Health Administration (OSHA), directing the government agency to implement an Emergency Temporary Standard (ETS) requiring companies with 100 or more employees to either have their workers fully vaccinated against COVID-19 or require weekly testing.

The announcement left retailers with many unanswered questions, but more clarity on the mandate rolled out last week.

Under the OSHA rule, employees will receive paid time off, up to 4 hours and including travel time, to get the vaccine, and sick leave if they need time to recover from the side effects.

The rule applies to full-time and part-time employees but not independent contractors.

Unvaccinated employees will be required to wear face coverings at work, going into effect Dec. 5.

This does not apply to employees who work alone in a room with floor to ceiling walls and a closed door.

The mask can be temporarily removed while eating or drinking, or for identification purposes to comply with safety and security requirements.

Employers are not required to pay for testing or provide tests to unvaccinated employees. 

 Related stories will be right here … 

The deadline for employers to ensure their workers are vaccinated or being tested weekly is Jan. 4. Proof of employee vaccination status needs to be recorded by Dec. 6.

The OSHA rule does offer medical and religious exemptions, allowing those who object for any reason to be tested weekly instead of receiving the vaccination.

But the option to be tested rather than receive the vaccine is not available to all employees.

A separate rule by the Centers for Medicare & Medicaid Services requires healthcare workers to be vaccinated by the same Jan. 4 deadline, with no testing option available.

The rule applies to all employees working at healthcare facilities that receive federal funding from Medicare or Medicaid.

Additionally, federal workers have until Nov. 22 to receive the shot while federal contractors have until Jan. 4, with no testing option available to either group.

Companies under the OSHA rule do have the option to challenge the decision in court, and several lawsuits have been filed.

The National Retail Federation filed suit on Nov. 9 in the U.S. Court of Appeals for the Fifth Circuit.

Several other trade organizations have joined it, including the American Trucking Associations, FMI-The Food Industry Association, the International Warehouse Logistics Association, the Association for Convenience & Fuel Retailing, the National Association of Wholesaler-Distributors, and the National Federation of Independent Business.

The NRF sent a letter to President Biden when OSHA published the rule on Nov. 5 and sent an expanded letter to the Department of Labor and President Biden on Nov. 9, requesting an extension on the implementation of the mandate.

“We are deeply concerned about the timing for implementing the OSHA vaccine mandate during the most important season of the year for retailers and customers,” said NRF President and CEO Matthew Shay in a press release about the mandate.

Shay said retailers are already faced with labor shortages, supply chain issues, and the legal and practical challenges of implementing the guidance during the holiday season.

“The Dec. 6 deadline to provide proof of employee vaccination status and the Jan. 4 deadline for testing unvaccinated employees are both unworkable and virtually impossible,” Shay said.

“We have consistently and repeatedly communicated our concerns about the practical challenges of meeting those arbitrary targets. However, it appears that our only remaining course of action is to petition for judicial relief.”

Arguments against the OSHA rule include the accusation that the mandate violates the 10th Amendment by giving powers to the federal government that are reserved for the states while others say the ETS exceeds the power given to OSHA by Congress.

The federal government contends it has the authority to issue the mandate since Congress has authorized OSHA to issue an ETS when employees are exposed to a “grave danger,” like COVID-19.

There have been nearly 757,000 coronavirus-related deaths in the U.S. since the start of the pandemic.

Data from the Centers for Disease Control and Prevention has shown people who are unvaccinated are at a much greater risk than those who are fully vaccinated to test positive or die from the coronavirus.

As of Nov. 4, there have been 426.7 million vaccine doses administered, according to the CDC.

Overall, 67 percent of the total U.S. population have received at least one dose of vaccine while about 58 percent have been fully vaccinated.

The Latest

AuctionsMar 21, 2023
Marlene Dietrich’s Van Cleef & Arpels Bracelet Going Up for Auction

Expected to earn up to $4.5 million, the “Jarretière” bracelet is the star of Christie’s “The Magnificent Jewels of Anne Eisenhower” sale.

ColumnistsMar 21, 2023
Squirrel Spotting: Customer Retention Mindset—The New CRM

With jewelry sales coming down from their pandemic highs, retailers need to do all they can to retain existing customers, Peter Smith says.

Events & AwardsMar 21, 2023
ASJRA’s May Conference Examines ‘Iconic’ Jewelry Companies

Jewelry historians, authors, and experts will explore the works of Tiffany & Co., Oscar Heyman, Verdura, and more.

Brought to you by
Full Disclosure at Your Fingertips

Distinguishing natural diamonds from laboratory-grown stones – now more available than ever – has been difficult for jewelers. Until now.

IndependentsMar 21, 2023
Borsheims Executive Jennifer Johnson Retires

Johnson joined the retailer in 1987, establishing its first human resources department.

Weekly QuizMar 17, 2023
This Week’s Quiz
Test your jewelry news knowledge with this short test.
Take the Quiz
Recorded WebinarsMar 20, 2023
Watch: Lab Grown Diamonds: What's Now? What's New? What's Next?

Supplier Spotlight Presented by IGI

Events & AwardsMar 20, 2023
Gem Awards Shine Spotlight on Design, Dedication, and Family

The industry gathered to celebrate those who elevate the jewelry and watch industries.

Brought to you by
Bringing Over 130 Years of Diamond Expertise to Modern Grading

De Beers Institute of Diamonds provides the very best in diamond verification, education and diamond services.

CrimeMar 20, 2023
Jewelry Crime Reached Record Level in 2022, JSA Says

At JSA’s annual luncheon, President John J. Kennedy said the organization recorded more than 2,000 cases last year.

CollectionsMar 20, 2023
A New Book on Chanel Is a High Jewelry Lover’s Dream

It highlights Gabrielle “Coco” Chanel’s lasting influence on modern design.

Recorded WebinarsMar 17, 2023
Watch: Lessons From Gems

Jewelers of America’s Amanda Gizzi explores the qualities and accomplishments that make this year’s Gem Award nominees shine.

Events & AwardsMar 17, 2023
JCK Industry Fund Announces Grant Recipients

Here’s what the nine chosen organizations plan to do with the funds.

TrendsMar 17, 2023
Piece of the Week: Anita Ko’s Award-Ready Earrings

The designer is nominated for a Gem Award for Jewelry Design.

FinancialsMar 16, 2023
Winter Weather, Declining Engagements Weigh on Signet’s Results

The jewelry giant’s full-year sales were essentially flat, brought down by fourth-quarter declines.

FinancialsMar 16, 2023
Brilliant Earth Took a Record Number of Orders in 2022

In its recent results, the company highlighted non-bridal jewelry sales and said its “inventory-light” showroom model may change.

Events & AwardsMar 16, 2023
Amanda’s Style File: Sparkling Gems

See 15 fabulous pieces from the 2023 Gem Award for Jewelry Design nominees: Anita Ko, Kirsty Stone, and Ron Anderson and David Rees.

WatchesMar 16, 2023
Citizen’s New Eco-Drive Watches Run for a Full Year

The new Cal. E365 movement doubles the running time of the current Eco-Drive models.

SourcingMar 15, 2023
Amid Uncertainties, India’s Diamond Industry Continues to Adjust

The mood among diamantaires is fairly optimistic despite the challenges brought about by sanctions and a cloudy economic outlook.

Lab-GrownMar 15, 2023
India’s Lab-Grown Diamond Industry Is Growing Up

The mood is bullish as more companies get into the business despite the dramatic drop in lab-grown diamond prices.

SourcingMar 15, 2023
Q&A: GJEPC Chairman Vipul Shah

Shah talks with National Jeweler about diamond demand, lab-grown, and why it’s difficult to make predictions about the U.S. market.

TechnologyMar 15, 2023
Sarine’s New Website Schools Consumers on Traceability

The educational resource will highlight the positive impact diamonds can make on their journey from mine to market.

SourcingMar 15, 2023
Canada’s Ekati Diamond Mine to Get a New Owner

Australian mining company Burgundy Diamond Mines announced plans to buy the mine in a deal valued at $136 million.

AuctionsMar 15, 2023
Antique Rings Discovered by Retirees Perform Well at Auction

A 17th-century gold seal ring and an 18th-century memento mori ring met or exceeded estimates at a recent Noonans auction.

Events & AwardsMar 15, 2023
JSA Announces Award Recipients

They will be recognized at the organization’s annual luncheon this weekend in New York City.

ColumnistsMar 14, 2023
On Data: How Did Independent Jewelers Do in January and February?

Sherry Smith breaks down the results so far this year, including which categories are the sales standouts and which are struggling.

MajorsMar 14, 2023
Dutch Historian Discovers Medieval Jewels

The 1,000-year-old find is now on display in the Dutch National Museum of Antiquities.

Events & AwardsMar 14, 2023
GemGenève Is Gearing Up for Its Biggest Show Yet

More than 200 exhibitors are scheduled for the May 11-14 event.

×

This site uses cookies to give you the best online experience. By continuing to use & browse this site, we assume you agree to our Privacy Policy