On December 14, ż of America and two of its chapters, the Dallas-based TEXO chapter of the association, and the statewide ż of Texas chapter, filed suit in federal court to block the Biden administration’s effort to impose a COVID-19 vaccine mandate on federal contractors and subcontractors. ż 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. ż’s 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. ż filed a legal challenge against that “emergency” OSHA standard in November.
Biden Administration Expected to Challenge
On November 15, ż, 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.
ż 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 ż of America’s vaccine toolkit to learn more.
Today, the Associated General Contractors of America (ż), the American Road & Transportation Builders Association (ARTBA) and the Signatory Wall & Ceiling Contractors Alliance (SWACCA) filed a petition for review of OSHA’s 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.
ż Prepares for Litigation; Provides ETS Summary & Compliance Webinars
On Nov. 4, OSHA released its new COVID-19 emergency temporary standard (ETS). The OSHA ETS will require employers with 100 or more employees to ensure their workers are fully vaccinated against COVID-19 or tested for infection on at least a weekly basis. CLICK HERE to register for the ż of America WebEd Series (at no cost to ż members) entitled: “Preparing for the OSHA COVID-19 Vaccine/Testing Mandate” held Nov. 8 through Nov. 11. For more information, click “Learn More.”
On Nov. 4, the Occupational Safety and Health Administration (OSHA) released its long anticipated COVID-19 vaccination and testing emergency temporary standard (ETS). As anticipated, the ETS requires all employers with 100 or more employees to either mandate vaccinations, or encourage vaccination or weekly testing of all employees. Those who remain unvaccinated must also wear a face covering at work. ż will provide comments to this measure designed to fix its many flaws and continue to explore all other possible options to protect the construction industry from the many risks created by this measure. For ż’s complete statement on the ETS release, click here.