OSHA Extends Comment Period for Employer Vaccination Mandate

Yesterday, the Occupational Safety and Health Administration (OSHA) agreed to extend the comment period, by 45 days, on its Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to require their employees to either get vaccinated against COVID-19 or be subject to weekly testing. The comment period, which OSHA plans to utilize for making the ETS permanent, was scheduled to end on December 6. The new deadline is now January 19, 2022.

Since the release of OSHA’s ETS on November 4, numerous lawsuits have been filed challenging its legality; they have been consolidated into one case before the 6th Circuit Court of Appeals. As well, due to the 5th Circuit Court of Appeals’ injunction on November 12, the rule is currently paused. The fluid nature of the court case and the upcoming ETS deadlines have created a lot of confusion about what actions businesses should take. At this juncture, businesses are still faced with whether they should prepare for the ETS to be upheld, ignore it until the courts issue a final ruling or simply slow walk implementation while monitoring progress. Regardless of the case outcome in the 6th Circuit Court, it is highly likely that whichever side loses, it will appeal to the Supreme Court for a final decision. This scenario is predicted to develop and culminate with a final decision in roughly mid-December. However, court rulings and updates to the implementation dates are anticipated before then.

NRMCA continues to advocate on and monitor the ETS. For more information on how the ETS could impact the ready mixed concrete industry please click here and here to review the specifics of the ETS and comment deadline extension.

For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org.