Íæż½ã½ã of America and two of its chapters, the Dallas-based TEXO chapter and the statewide Íæż½ã½ã of Texas chapter, filed suit in federal court on Dec. 14 to block the Biden administration’s effort to impose a COVID-19 vaccination mandate on federal contractors and subcontractors. The groups noted that many of their 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.
Íæż½ã½ã Preparing Lawsuit to Further Bolster Mandate Challenges
The Vote, However, Is Largely Symbolic
All 34 lawsuits—including Íæż½ã½ã’s, supported by the Construction Advocacy Fund—challenging OSHA’s Emergency Temporary Standard (ETS) on COVID-19 are now consolidated in the U.S. Court of Appeals for the Sixth Circuit. The federal government has filed a motion in that court to dissolve the current stay of any enforcement of that standard, including its vaccination/testing mandate, and on December 10, the parties will complete their briefing of that motion. Since November 6, that stay has precluded OSHA from implementing or enforcing the ETS, including requirements that OSHA had scheduled to take effect on December 6. Íæż½ã½ã of America expects the court to grant or deny the government’s motion within a matter of days. While significant, the court’s decision will not end the litigation. Its decision on the stay will not be a final decision on the merits of the ETS. That will come later.
Covered Contractors Must Use to Certify Annually and Submit During Evaluations
Provides Additional Information on Religious Objections to Workplace Vaccine Requirements
Biden Administration Expected to Challenge
On November 15, Íæż½ã½ã, 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’s 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.