Where Biden’s vaccine mandate will hit and miss

3. It will be a while before the rule comes into effect — if it ever does.

In addition to legal challenges, implementation of the rule will likely vary by state.

Biden’s order directs the Occupational Safety and Health Administration and Labor Department to mandate vaccination via an emergency temporary standard. These standards take effect immediately and remain in place until there’s a permanent rule that replaces it, usually within about six months of the emergency standard being set.

Even though the standard takes effect immediately, that doesn’t mean it will affect all states at the same time. Twenty-four states, along with Washington, D.C., and two territories are federal OSHA states — so the standard will affect them as soon as it’s in place. Twenty-six states and two territories have OSHA-approved state plans, which give them 30 days after the OSHA rules to implement their own standards. Those standards have to be at least as protective as OSHA’s, so they would not be able to weaken the federal rule on their own.

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