| OSHA Halts Vaccine Mandate, Pending Litigation |
| Today, OSHA released an official statement acknowledging the recent ruling by the 5th Circuit and announced on its website that it will not be enforcing the ETS until litigation has completed. In its statement, OSHA notes that the court order instructs the agency to “take no steps to implement or enforce” the ETS until a final decision is rendered. However, OSHA also adds that it “remains confident in its authority to protect workers in emergencies.” |
| Status of ETS & Current Lawsuits |
| Yesterday, the US judicial panel on multidistrict litigation randomly selected the US Court of Appeals for the 6th Circuit to consolidate all petitions. In all, there were 34 petitions in 12 different circuits. AGC of America recently filed a petition on behalf of those in the construction industry and will continue to be involved in these legal challenges. The move by the federal courts to consolidate these cases comes not even a week after the U.S. Court of Appeals for the 5th Circuit halted Biden’s vaccine mandate. In its order, the three-judge panel described the mandate as “fatally flawed” and “staggeringly broad.” Specifically, the court said, “Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action by this court.” The vaccine mandate faces additional challenges, including lawsuits backed by the attorneys general of 26 states, in the 5th, 6th, 8th, and 11th circuits. Last week The New York Times reported that “legal experts say” OSHA “has the authority to introduce a vaccine mandate.” Judging from the 5th Circuit’s stay and all the other litigation contesting OSHA’s authority, that assessment seems premature. |
| AGC Releases New PSA & Resources |
| AGC of America has released 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. AGC has also updated its vaccine toolkit and other resources on its website. |