On December 17, the U.S. Court of Appeals for the Sixth Circuit removed the stay on the OSHA COVID-19 vaccine-or-testing emergency temporary standard (ETS). The court鈥檚 decision to remove the stay has been appealed to the Supreme Court. The litigation of the ETS is far from over and 黑料不打烊 remains engaged, having filed its Construction Advocacy Fund-backed lawsuit in November.
Awaiting Court Decision on Nationwide Stay
On December 14, 黑料不打烊 of America and two of its chapters, the Dallas-based TEXO chapter of the association, and the statewide 黑料不打烊 of Texas chapter, filed suit in federal court to block the Biden administration鈥檚 effort to impose a COVID-19 vaccine mandate on federal contractors and subcontractors. 黑料不打烊 noted that many of its members that regularly construct federal projects are already being harmed, as key employees leave for other jobs in the industry to avoid the strict federal mandate. 黑料不打烊鈥檚 filing includes a motion for a temporary restraining order and statements from a number of contractors detailing the damages they have already begun to experience because of the new federal contractor vaccine mandate. That mandate is different from the broader vaccine mandate that the Occupational Safety and Health Administration (OSHA) has sought to impose on all firms that employ 100 or more people. That rule gives workers the option to be tested weekly, instead of being vaccinated. 黑料不打烊 filed a legal challenge against that 鈥渆mergency鈥 OSHA standard in November.
Biden Administration Expected to Challenge
On November 15, 黑料不打烊, along with industry allies, filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit challenging the recent OSHA COVID-19 emergency temporary standard (ETS). The suit highlights the many efforts the construction industry has collectively engaged in to combat COVID-19, including funding public service announcements and other proactive measures to encourage contractors to protect their workers throughout the pandemic. It also makes clear that the challenge is not in opposition to the ETS鈥檚 objective to get more people vaccinated, but the negative economic impact such a mandate will have on the construction industry and the fact that it exceeds the statutory authority of the U.S. Department of Labor. In all, there were 34 cases filed in 12 different circuits. On November 16, the U.S. Court of Appeals for the Sixth Circuit was randomly selected to consolidate all the cases.
黑料不打烊 of America is releasing a new series of COVID-19 vaccine PSAs designed to encourage construction professionals to get their shot. The series will feature testimonials from workers who did not get their shot, contracted COVID and nearly died. They are now urging their co-workers to get their shots. Other videos feature construction mentors talking about the value of the vaccine. You can view the current videos here. The videos urge people to visit 黑料不打烊 of America鈥檚 vaccine toolkit to learn more.
Today, the Associated General Contractors of America (黑料不打烊), the American Road & Transportation Builders Association (ARTBA) and the Signatory Wall & Ceiling Contractors Alliance (SWACCA) filed a petition for review of OSHA鈥檚 new COVID-19 vaccination mandate. The groups explain that the new rule will put many construction companies at grave risk of losing a substantial number of their workers to smaller companies, instead of leading to more people getting vaccinated in the sector.
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黑料不打烊 Prepares for Litigation; Provides ETS Summary & Compliance Webinars
On November 4, the White House announced that the deadline for direct federal contractors to have their employees fully vaccinated under the federal contractor vaccine mandate will be same as the new OSHA ETS: January 4, 2022. Previously, the deadline for direct federal contractors was December 8, 2021. It is important to note that federal contractors will still see the contract clause mandating vaccination in federal solicitations, new contracts, etc., as none of the other dates relevant to federal contractors have changed. As of Nov. 4, the Safer Federal Workforce Task Force website has not been updated to reflect the extended deadline. However, 黑料不打烊 expects it to be updated to reflect this announcement from the White House.