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Enforcement of the OSHA COVID-19 Vaccination and Testing ETS Began Jan. 10

January 12, 2022

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.

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From the category archives: GA-Workplace Safety

GA-Workplace Safety

ABC Cheers Supreme Court OSHA COVID-19 Vaccination Mandate Ruling

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.

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Enforcement of the OSHA COVID-19 Vaccination and Testing ETS Began Jan. 10

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.

READ MORE

COVID-19 Vaccination Mandates: Supreme Court to Hear ABC’s Challenge to OSHA ETS; CMS Mandate Enjoined in 25 States; Federal Contractor Mandate Injunction Upheld

Three different federal COVID-19 vaccination mandates issued under the Biden administration continue to be challenged in the courts. Read the important developments on the federal contractor, Centers for Medicaid and Medicare Services and Occupational Safety and Health Administration vaccination mandates.

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Stay Lifted on OSHA COVID-19 Vaccination and Testing ETS—What Employers Need to Do Now

On Dec. 17, the 6th Circuit Court of Appeals lifted the 5th Circuit’s 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.

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Biden Administration Releases Fall 2021 Regulatory Agenda

On Dec. 10, the Biden administration released its Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish through the end of the year and into 2022. ABC has prepared a summary of the actions of interest to ABC members by agency. 

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New Guidance on Federal Contractor COVID-19 Vaccination Mandate; What’s Next for the OSHA ETS and CMS Mandate

Courts have blocked three different federal COVID-19 vaccination mandates issued under the Biden administration. Since the court orders staying the different federal mandates are at this time only preliminary, it is premature to say the threat posed by the federal mandates is past. It appears the mandates will be at a minimum delayed, but there will inevitably be appeals, perhaps up to the Supreme Court. There are also many private, state and local mandates that are not affected by these court rulings.

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ABC Wins Key Nationwide Challenge Against Federal Contractor Vaccine Mandate

On Dec. 7, ABC applauded a Georgia federal court for granting a nationwide preliminary injunction order against the federal contractor vaccine mandate.

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DOL Extends Comment Period on Heat Injury and Illness Prevention Rulemaking

On Dec. 2, the U.S. Department of Labor’s Occupational Safety and Health Administration extended the period for submitting comments on its Advance Notice of Proposed Rulemaking for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings by 30 days, to Jan. 26, 2022. This will begin the process to consider a heat-specific workplace rule, which will affect contractors who work in extreme heat. The ANPRM was originally published in the Federal Register on Oct. 27.

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Infrastructure Investment and Jobs Act Signed into Law

On Nov. 15, President Biden signed H.R. 3684, the Infrastructure Investment and Jobs Act, into law at the White House. The IIJA authorizes nearly $550 billion in new federal money for infrastructure projects, while renewing approximately $1.2 trillion for existing programs that were set to expire.

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ABC Seeks to Overturn OSHA COVID Vaccination and Testing ETS

In a Nov. 9 press release, ABC and its Alabama chapter announced that they filed a petition for review with the U.S. Court of Appeals in the 11th Circuit against the U.S. Department of Labor’s Occupational Safety and Health Administration for its COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees.

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