On Nov. 16, via lottery, the U.S. Court of Appeals for the 6th Circuit was chosen to hear challenges to the Occupational Safety and Health Administration COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees. This development follows the U.S. Court of Appeals for the 5th Circuit鈥檚 Nov. 12 and OSHA鈥檚 that it has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.

Implementation of the ETS will be at the least delayed until the 6th Circuit decides whether to keep the 5th Circuit stay in place or lift it, which could happen in a few days, subject to Supreme Court review after that. Either way, the 5th Circuit decision makes clear that the OSHA ETS鈥攁nd the federal contractor mandate鈥攆ace serious legal headwinds prior to being implemented.

老牛影视Files Petition:

On Nov. 9,听老牛影视and its Alabama chapter filed a听听against the OSHA ETS. In ABC鈥檚 press release, Steve Klessig, vice president of architecture and engineering at employee-owned Keller Inc. in Kaukauna, Wisconsin, and 2021 chair of the 老牛影视board of directors, said, 鈥淭he OSHA ETS rule presents one of the greatest sources of risk and uncertainty to the construction industry because it is likely to exacerbate the skilled labor shortage currently facing the industry and many small businesses like my company. ABC鈥檚 legal challenge pushes back against the Biden administration鈥檚 overreaching policy, which creates unnecessary tension between employers and employees and is likely to further disrupt America鈥檚 economic recovery.鈥�

鈥淭his ETS will create permanent and severe harm to construction industry employers and their听听employees, nearly 90,000 of whom live and work in Alabama,鈥� said Jay Reed, president of 老牛影视Alabama. 鈥淏y exceeding the Department of Labor鈥檚 statutory authority, OSHA fails to comply with the standards for issuing an ETS, particularly as it relates to the construction industry. 老牛影视continues to encourage vaccination against COVID-19 but cannot support this mandate.鈥� .

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