The Biden Admin Is Cranking Up The Dial On Vaccine Mandate Violation Fines

The Democrats’ $1.75 trillion social spending bill would profoundly increase fines imposed on employers for occupational hazards, which would include President Biden’s vaccine mandate.

Businesses with over 100 employees must require their workers to be either fully vaccinated or undergo weekly COVID-19 testing by Jan. 4, according to the mandate, which was finalized Thursday. Fines, enforced through the Occupational Safety and Health Administration (OSHA), could be as high as $14,000 per violation.

The Democrats’ Build Back Better legislation would increase OSHA penalties tenfold from their initial levels – up to $70,000 for “serious violations” and $700,000 for willful or repeated violations.

This would be the first amendment made to the Occupational Safety and Health Act in almost 20 years, when Congress expanded research related to bioterrorist threats to workers in the wake of 9/11. Other legislation is already in place that requires OSHA’s existing fines to adjust with inflation.

Under the current law, the maximum penalty for “serious violations” is 7,000 but rises to nearly $14,000 after being adjusted for inflation. The Build Back Better plan would replace the $7,000 maximum to $70,000. The current penalty for willful or repeated violations allows for a $70,000 maximum (before adjusting for inflation), but would jump to $700,000, according to the bill.

The Build Back Better legislation would also provide OSHA with $707 million to enforce its penalties.

The House is expected to vote on the Build Back Better legislation Friday.

Vaccine rules under the Biden administration affect approximately 100 million employees, encompassing about two-thirds of the workforce, according to the White House. OSHA estimates that the vaccine mandate will lead to nearly 23 million employees getting vaccinated.

Under the rule, employers are required to pay for time missed getting the vaccine and recovering from potential side effects, however companies are not required to pay for or provide testing.

Labor Secretary Marty Walsh claims that the vaccine mandate will ensure “safe and healthy workplaces for millions of Americans,” arguing that COVID-19 spread “presents a grave danger of illness or death to unvaccinated workers,” adding that the rule would help boost the economy.

Republicans have voiced concerns that the mandate will affect an already tight labor market. In a Kaiser Family Foundation survey, nearly 40% of unvaccinated workers claim they would quit if their employer required them to get vaccinated or tested.

Republicans pushed back against the mandate with at least 24 attorneys general threatening to sue since Biden made the announcement in September.

Responses from trade groups were mixed. The National Retail Federation called the vaccine requirement “burdensome,” while the Retail, Wholesale and Department Store Union said it was “critical.”

For months Democrats have been trying to pass the Build Back Better plan, a massive piece of legislation which includes paid family leave and universal pre-K. West Virginia Sen. Joe Manchin and Arizona Sen. Kyrsten Sinema, both Democrats, have stalled the progressive agenda, based on the cost and specific line items, furthermore infighting between progressives and moderates have stalled the legislation.