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AGC Prepares for Litigation; Provides ETS Summary & Compliance Webinars
On November 4, the White House announced that the deadline for direct federal contractors to have their employees fully vaccinated under the federal contractor vaccine mandate will be same as the new OSHA ETS: January 4, 2022. Previously, the deadline for direct federal contractors was December 8, 2021. It is important to note that federal contractors will still see the contract clause mandating vaccination in federal solicitations, new contracts, etc., as none of the other dates relevant to federal contractors have changed. As of Nov. 4, the Safer Federal Workforce Task Force website has not been updated to reflect the extended deadline. However, AGC expects it to be updated to reflect this announcement from the White House.
On Nov. 4, OSHA released its new COVID-19 emergency temporary standard (ETS). The OSHA ETS will require employers with 100 or more employees to ensure their workers are fully vaccinated against COVID-19 or tested for infection on at least a weekly basis. CLICK HERE to register for the AGC of America WebEd Series (at no cost to AGC members) entitled: “Preparing for the OSHA COVID-19 Vaccine/Testing Mandate” held Nov. 8 through Nov. 11. For more information, click “Learn More.”
On Nov. 4, the Occupational Safety and Health Administration (OSHA) released its long anticipated COVID-19 vaccination and testing emergency temporary standard (ETS). As anticipated, the ETS requires all employers with 100 or more employees to either mandate vaccinations, or encourage vaccination or weekly testing of all employees. Those who remain unvaccinated must also wear a face covering at work. AGC will provide comments to this measure designed to fix its many flaws and continue to explore all other possible options to protect the construction industry from the many risks created by this measure. For AGC’s complete statement on the ETS release, click here.
On October 25, the Senate voted 50-41 to confirm President Biden’s nominee to be the Assistant Secretary of Labor for OSHA. Doug Parker, formerly the chief of California’s Division of Occupational Safety and Health, as well as serving as deputy assistant secretary for policy at the Mine Safety and Health Administration (MSHA) under the Obama administration, was part of the Biden transition team on worker health and safety issues. He will become the first to fill the position since David Michaels left the agency in 2017. Doug’s confirmation could signal the beginning of more regulatory and enforcement activity within OSHA, which has been understood to be agency priority.
On October 27, the U.S. Occupational and Safety Administration (OSHA) officially signaled that it is moving closer to developing a national workplace heat standard. AGC previously testified against legislation requiring such a standard, citing the industry’s thorough, proactive work in this area and informed lawmakers that quickly establishing a one-size-fits-all national standard to address workplace heat exposure is unwarranted. In addition, AGC has pointed out how the Obama administration’s OSHA previously decided against issuing such a standard, giving existing agency authority to take enforcement action when heat hazards exist on the jobsite. AGC will work with its members, chapters, and coalition partners to respond to this proposal.
The AGC Education and Research Foundation has funded the development of a series of construction case studies that can be used by faculty members in college and university construction education programs to supplement their primary instructional materials. The latest in this seres was completed in partnership with Developed by Alex Albert, Kevin Han, Edward Jaselskis, and Min Liu, North Carolina State University; Joe Polansky, Fred Smith Company; Korey Merritt, C. T. Wilson Construction Company; and David Duke, S&ME:
The U.S. Occupational Safety and Health Administration (federal OSHA) has reportedly threatened to repeal several states’—Arizona, South Carolina and Utah—state OSHA plans because they have not adopted federal OSHA’s COVID-19 healthcare emergency temporary standard (ETS) issued on June 17. State plans are federal OSHA-approved workplace safety and health programs operated by individual states or U.S. territories. There are currently 22 state plans covering both private sector and state and local government workers. When federal OSHA issues a new standard, state plans usually have six months to adopt the new standard. State plans, however, have only 30 days to adopt an ETS. This situation between federal OSHA and state OSHA plan states could foreshadow how federal OSHA handles disputes that may be yet to come when it issues its broader COVID-19 Testing ETS impacting private employers with 100 or more employees.