Supreme Court Freezes OSHA COVID-19 Vaccination-or Testing ETS
AGC to Continue with Litigation on the Merits of the ETS
Friday, January 14, 2022
Section: AGC National

photo of surpreme court

On January 13, the Supreme Court reinstated the nationwide stay on implementation and enforcement of the OSHA COVID-19 vaccination-or-testing emergency temporary standard (ETS). As a result of this decision, OSHA will have to suspend its ETS compliance efforts, many of which took effect on January 10. The case will now go back to the lower courts for ligation on the merits of the ETS. There, AGC of America will remain engaged via its Construction Advocacy Fund-backed lawsuit challenging the ETS. To support the Fund and other pro-construction industry efforts, click here.
In an effort to assist AGC members with increasing the vaccination rates among their workforce and with understanding the ETS requirements, the association created a COVID-19 vaccine tool kit webpage that contains a construction-oriented summary of the ETS detailing employers’ compliance options and obligations as well as additional resources. This toolkit also includes a series of vaccine Public Service Ads AGC of America created specifically targeting construction workers.

Federal Contractor Vaccine Mandate Update
On Hold Until April, AGC Communicates with Agencies

The federal contractor vaccine mandate remains on hold since the December 17, 2021, decision by the U.S. Court of Appeals for the Eleventh Circuit to maintain a nationwide stay (or freeze) of the mandate until—potentially—as late as April 2022. During the week of January 10, AGC had direct discussions with major construction federal agencies and key regulators. Guidance has been issued on ensuring federal compliance with court orders and injunctions, meaning that contractors should expect no federal action to enforce the contract clause implementing the requirement that federal contractors and subcontractors be vaccinated.