ETS NEWS 12/17/21 – 6th Circuit Dissolved the Stay of the OSHA ETS, Emergency Stay Application Filed, New Compliance Deadlines

December 17, 2021

A three-judge panel of the 6th Circuit Court of Appeals dissolved the stay of the Occupational Safety & Health Administration (OSHA) Emergency Temporary Standard (ETS) on vaccine mandates and testing on December 17, 2021. An emergency stay application has since been filed with the Supreme Court of the United States (SCOTUS) and OSHA has announced new compliance deadlines for implementation and enforcement of the ETS.

6th Circuit Dissolved Stay on OSHA ETS

The court order does not mention deadline extensions, it simply grants “the Government’s motion and DISSOLVE[S] the stay issued by the Fifth Circuit.”  MCAA has filed a request with OSHA to extend enforcement deadlines so all employers can have time to develop the appropriate plans.

OSHA Announces New Compliance Deadlines

January 10, 2022: all requirements except testing

February 9, 2022: testing

OSHA “will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”

OSHA released the following statement: 

“To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.”

Impact on MCAA Members

Unless SCOTUS acts, MCAA members with over 100 workers must require them to be vaccinated or tested weekly by the new compliance deadlines.

MCAA Offers Compliance Resources

MCAA’s Safety Bulletin on the ETS and the MCAA Model COVID-19 Mandatory-Vaccination Policy outline what needs to be done to be compliant with the ETS.

Watch for Updates As They Occur

MCAA will be closely monitoring SCOTUS and OSHA developments related to this issue and will communicate updates as they occur. In the meantime, questions may be addressed to MCAA’s Raffi Elchemmas.

Related Articles
Emergencies, disasters, accidents and injuries can occur at any time, usually without warning. MCAA’s Emergency Procedures will help you develop an emergency action plan to enable you and your employees to act quickly and decisively in the event of an emergency. It’s just one of MCAA’s educational resources that are free to MCAA members as a benefit of membership.…
More than 10,000 serious construction-related eye injuries happen each year, yet these injuries are preventable with proper eye protection. Help workers to understand why eye protection is critical. To celebrate 20 years of safety excellence, MCAA is releasing five impactful videos in 2023 to help improve safety & health across the entire industry.…
Did you take MCAA’s ASSE 12020: Environment of Care, Infection Control and Construction Risk Assessment Professional Qualification Standard certification class in April 2020? If so, your certification is set to expire, and MCAA has prepared a free 2-hour recertification course through ASSE International. The goal of the ASSE 12020 personnel certification is to provide end users with contractors and technicians who can work as valuable members of construction risk assessment teams. You can assist in protecting building occupants from pathogens and other potential construction hazards while at the same time preventing outbreaks. Following the course, attendees will need to pass a recertification exam. The cost of the exam is $110. ASSE will provide additional details during the webinar. Join MCAA and ASSE on Thursday, April 13 from 1:00 PM – 3:00 PM Eastern to take the first step toward your recertification.…
MCAA’s Virtual Trade Show connects our contractor members with the members of MCAA’s Manufacturer/Supplier Council.…

Time is running out! f you want to stay informed & involved in the legislative & regulatory policy issues that impact your construction business, register for the Construction Employers of America (CEA) National Issues Conference! http://ow.ly/RCQY50NcwGa

Take the first step toward your ASSE 12020 recertification. Join MCAA and ASSE on Thursday, April 13 from 1:00 PM – 3:00 PM Eastern for a free recertification course. Follow the link to learn more and register.

https://register.gotowebinar.com/register/4440938889373353816

Looking for the latest from @DEWALTtough and Harris Products Group? Find it in MCAA’s Virtual Trade Show!

http://ow.ly/sYuo50NmEtX

REGISTRATION OPEN – MCAA's WiMI Conference will be held June 12-14 in Nashville, TN and is an excellent opportunity for all women to DISCOVER  their potential. Learn more and register today http://ow.ly/CCw250NnbaC

Load More...