NACDS Issues Memo on Biden Administration’s Vaccination and Testing Requirements

Chain Drug Review November 8, 2021

Editor’s note: NACDS president and chief executive officer Steven Anderson issued the following memo to NACDS members on The Biden Administration’s effort to “to protect unvaccinated employees from the risks of COVID-19” in the workplace through vaccination and testing requirements.

The Biden Administration’s effort to “to protect unvaccinated employees from the risks of COVID-19” in the workplace through vaccination and testing requirements, as announced in their COVID Action Plan from September, is underway. As of this weekend, wasting no time, legal challenges have also commenced. We recognize these developments have potential business implications for NACDS members, both chains and associates. NACDS is committed to providing timely updates and information on this important issue.

About the Vaccination and Testing Requirements

Effective November 5, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released an Emergency Temporary Standard (ETS), which applies to employers, a single corporate entity, with 100 employees or more. The ETS directs requirements of full COVID vaccination for employees, or required testing and masking, in addition to related paid leave requirements. The ETS will remain in effect for at least 6 months, depending on possible refinements based on a 60-day public comment period.

The key deadlines to be aware of are December 5, 2021 and January 4, 2022. By December 5, unvaccinated employee masking is required, in addition to paid leave requirements being satisfied. By January 4, 2022, employers are required to ensure that workers have their final vaccination dose, boosters not included, or are otherwise doing weekly testing. Under the ETS, pharmacy records can serve as proof of vaccination for employees, and pharmacists can proctor self-administered tests. The ETS may increase demand for vaccines at pharmacies.

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