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Michigan Farm Bureau Family of Companies

COVID-19 vaccine mandate to take effect in early January

Date Posted: November 5, 2021

An OSHA vaccine mandate impacting more than 84 million workers is now set to take effect on Jan. 4, 2022.

The 490-page COVID-19 Vaccination and Testing Emergency Temporary Standard applies to businesses with at least 100 employees and is expected to cover 2 million Michigan workers, according to the Michigan Chamber of Commerce.

Under the requirements, employers must ensure each of their workers are fully vaccinated by Jan. 4, 2022, or be COVID tested at least once a week and report the results to their employers and wear protective materials.

News of the impending vaccination mandate comes at a challenging time for agriculture, with farmers already feeling the pressure of rising input costs — including skyrocketing fertilizer prices — along with daunting wait times for parts and new equipment.

“The OSHA Emergency Temporary Standard will have an impact on some farms and processors, and more directly on the companies that farmers depend on for supplies, inputs, parts and equipment,” said Michigan Farm Bureau National Legislative Counsel John Kran.

As with almost all sectors of the economy, employers in agriculture are facing unrelenting difficulties finding workers — which could get even tougher with additional COVID vaccine and testing requirements.

“Labor availability is one of the single largest supply chain constraints facing the agriculture industry today and it's not unique to just the food, fiber and fuel value chain,” Kran added. “There are challenges throughout production, transportation, warehousing, and processing components combined. Shortages are impacting farmers ability to get inputs and it's also disrupting the ability to meet consumer demands.”

It should come as no surprise that the mandate will see legal challenges, said Michigan Farm Bureau Assistant General Counsel Allison Eicher.

“I would expect the lawsuits to claim the federal government lacks the authority to force private businesses to comply with the mandate and argue these are rights reserved for the states,” she said.

The temporary standard is already facing lawsuits filed by Kentucky, Ohio and Tennessee, as well as the Republican National Committee.

OSHA is seeking comment on all aspects of the temporary standard, including what should be in OSHA’s permanent COVID standard. 

Kran said Michigan Farm Bureau and American Farm Bureau Federation are in the process of reviewing the OSHA temporary standard and will consider recommendations based on member policy.

John Kran headshot

John Kran

National Legislative Counsel
517-679-5336 [email protected]