Supreme Court to Weigh OSHA Employer Vaccine Mandate

This Friday, the U.S. Supreme Court will hold a special session to hear arguments on whether a host of employer mandates related to COVID-19 should remain in place. One of these mandates is the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). The ETS orders employers with 100 or more employees to require their employees to either get vaccinated against COVID-19 or be subject to weekly testing. The ETS, which had been stayed by the 5th Circuit Court of Appeals in November of last year, and then subsequently allowed to go into effect by the 6th Circuit Court of Appeals in December, now will have its fate determined by the highest court in the U.S.

Absent the rule being vacated by the Supreme Court, OSHA will be allowed to implement and enforce the ETS. OSHA has stated that left unchecked, the new compliance deadlines are January 10 and February 9.  Click here for more information on how the rule will impact ready mixed concrete operations, how to comply and to access NRMCA’s template written ETS policy. Click here to review the ETS language, FAQs, fact sheets and other OSHA materials.

In light of the continued uncertainty of the ETS litigation, NRMCA continues to advocate on and monitor the ETS while updating the membership on its changing status.

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