On Jan. 13, ABC applauded the U.S. Supreme Court for reinstating the stay on 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. On behalf of the construction industry, ABC filed one of the emergency appeals to the Supreme Court leading to this successful outcome. The Supreme Court remanded the case to the 6th Circuit, which will consider the merits of the case.
“ABC is pleased that the Supreme Court blocked OSHA’s COVID-19 Vaccination and Testing ETS,” said Ben Brubeck, ABC vice president of regulatory, labor and state affairs. “ABC is proud to have played an important role in preventing OSHA from causing irreparable harm to the construction industry.
“This is a big win in removing compliance hurdles for the construction industry, which is facing multiple economic challenges, including a workforce shortage of 430,000, rising materials prices and supply chain issues. ABC continues to support vaccinations and encourages members to use its COVID-19 vaccination toolkit to keep workers safe on construction jobsites.”
Following the Supreme Court’s decision, U.S. Secretary of Labor Marty Walsh issued a statement, “I am disappointed in the court’s decision, which is a major setback to the health and safety of workers across the country……Regardless of the ultimate outcome of these proceedings, OSHA will do everything in its existing authority to hold businesses accountable for protecting workers, including under the COVID-19 National Emphasis Program and General Duty Clause.”
On Nov. 9, ABC and its Alabama chapter filed a petition for review with the U.S. Court of Appeals for the 11th Circuit against the OSHA ETS. ABC filed an emergency appeal to the Supreme Court to stay the ETS on Dec. 20.
Learn more about the Supreme Court’s ruling on the OSHA ETS in ABC general counsel’s analysis, Supreme Court Stays OSHA “Vaccinate or Test” Emergency Temporary Standard.
In a separate ruling issued by the Supreme Court on the same day, the court lifted injunctions that had been issued against the Centers for Medicare & Medicaid Services vaccination mandate applicable to health care institutions and their suppliers and contractors.
Learn more about the court’s ruling on the CMS mandate in ABC general counsel’s analysis, U.S. Supreme Court Lifts Injunctions Against CMS Vaccine Mandate.
On Jan. 18, ABC offered a webinar for ABC members on what the Supreme Court ruling means for construction employers. To access the archived webinar, go to ABC’s Academy.