Biden employer vaccine mandate a step closer to reality as OSHA submits rule text to OMB for review

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Mike Pence: Biden vaccine mandate ‘unlike anything I ever heard from an American president’

Former Vice President Mike Pence reacts to President Biden’s vaccine mandates.

President Biden’s vaccine mandate for large businesses came one step closer to reality on Tuesday after the Occupational Safety and Health Administration (OSHA) submitted the initial text of an emergency vaccine rule to the Office of Management and Budget for review. 

Last month, the president announced businesses with more than 100 employees will be required to mandate coronavirus vaccines or administer weekly tests. Employers are also required to pay employees for time off to get vaccinated and recover from side effects. 

The rule will take effect once the OMB finishes its review and it’s published in the federal register. 

"The Occupational Safety and Health Administration has been working expeditiously to develop an emergency temporary standard that covers employers with 100 or more employees to ensure their workers are fully vaccinated or undergo weekly testing to protect employees from the spread of coronavirus in the workplace," a Department of Labor spokesperson said in a statement. "On Tuesday, October 12, as part of the regulatory review process, the agency submitted the initial text of the emergency temporary standard to the Office of Management and Budget."

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Two dozen Republican attorneys general have threatened to sue the administration over the mandate, calling it "disastrous and counterproductive" in a joint letter on Sept. 16. 

"From a policy perspective, this edict is unlikely to win hearts and minds – it will simply drive further skepticism," the letter addressed to Biden said. "And at least some Americans will simply leave the job market instead of complying."

Businesses not in compliance with the mandate could face fines from the government but the overtasked OSHA will likely rely on voluntary compliance, focusing its resources on repeat offenders, according to NBC News. 

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The administration hasn’t given a timetable for the OMB review but it may be completed within the next few weeks. 

Fox News' Kelly Chernenkoff contributed to this report.