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As of this writing, the Supreme Court has not yet issued a decision on the appeal to reinstitute a stay of the U.S. Department of Labor’s Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees.
, OSHA will issue citations for noncompliance with any requirements of the ETS, but will not issue citations for noncompliance with the standard’s testing requirements before Feb. 9, “so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”
See for resources and guidance.
Under the , covered employers are required to do the following:
Covered employers should consult the OSHA for full details.
Refer to the below for compliance dates:
Covered employers should refer to OSHA ETS resources and guidance:
Additional resources for covered employers:
Actions ÀÏÅ£Ó°ÊÓhas taken to fight the OSHA vaccination mandate:
On Nov. 9, ÀÏÅ£Ó°ÊÓand its Alabama chapter filed a against the OSHA ETS. In a press release, ÀÏÅ£Ó°ÊÓsaid, “The 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 [...] ABC’s legal challenge pushes back against the Biden administration’s overreaching policy, which creates unnecessary tension between employers and employees and is likely to further disrupt America’s economic recovery.”
On Nov. 12, the U.S. Court of Appeals for the 5th Circuit granted a motion to the OSHA ETS. Thereafter, OSHA announced that it had suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.
On Nov. 16, via lottery, the U.S. Court of Appeals for the 6th Circuit was chosen to hear challenges to the OSHA ETS, which included filed on Nov. 9. DOL filed a motion to lift the stay.
On Dec. 8, ÀÏÅ£Ó°ÊÓwrote to U.S. senators to express its support of , which would stop the Biden administration’s OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard. ÀÏÅ£Ó°ÊÓconsidered the vote as a “KEY VOTE” for its 117th Congressional Scorecard. The Joint Resolution passed in the Senate by on Dec. 8.
On Dec. 17, of the OSHA ETS. filed an emergency appeal with the Supreme Court on Dec. 20, one of several filed by other groups. The Supreme Court held on the appeal in an emergency session on Jan. 7.
ÀÏÅ£Ó°ÊÓwill continue to provide updates in the Beltway Blueprint and .