Recent federal vaccine mandate regulations and ongoing litigation are key to the vaccine mandate landscape — and a significant influence on state policy.
The Biden administration released the Path Out of the Pandemic COVID-19 Action Plan in September 2021.
- As part of this plan, the Occupational Safety and Health Administration (OSHA) requires employers with 100+ employees to mandate COVID-19 vaccinations and requires any unvaccinated workers to undergo weekly testing.
- This plan also extended the vaccination requirement to employees of contractors that do business with the federal government
- In addition, the Centers for Medicare and Medicaid Services mandates COVID-19 vaccinations for all workers in health care settings that receive Medicare or Medicaid reimbursement.
- On November 12th, the US Court of Appeals for the Fifth Circuit temporarily halted OSHA’s rule (requiring workers at large companies to get vaccinated or undergo weekly testing).
- On November 30th, the U.S. District Court for the Western District of Louisiana granted a nationwide preliminary injunction, halting the federal vaccination mandate for health care workers.
- This decision followed another injunction issued a day earlier, by the U.S. District Court for the Eastern District of Missouri blocking the CMS regulation in ten states (Alaska, Arkansas, Iowa, Kansas, Missouri, New Hampshire, Nebraska, Wyoming, and North and South Dakota).
- On December 7th, the U.S. District Court Judge for the Southern District of Georgia issued a preliminary nationwide injunction to halt the Biden administration’s vaccine mandate for federal contractors.
With the federal mandates temporarily halted — and with more litigation to come — states have enacted their own vaccination mandates or bans on such mandates. Use the map on this page to find the status of these individual state efforts.