OSHA COVID-19 Vaccine-or-Testing Mandate to Take Effect
As a result of this decision, OSHA will begin to implement and enforce the ETS in 2022.
- OSHA will not issue citations for noncompliance with any requirements of the OSHA ETS before January 10, 2022; and
- OSHA will not issue citations for noncompliance with testing requirements before February 9, 2022.
These extensions, however, are conditioned on an employer exercising reasonable, good faith efforts to come into compliance. In an effort to assist AGC members with increasing the vaccination rates among their workforce and to comply with the ETS requirements, the association created a vaccine tool kit webpage that contains a construction-oriented summary of the ETS detailing employers' compliance options and obligations as well as additional resources.
OSHA COVID-19 Vaccine-or-Testing Permanent Rulemaking
It is also important to note that regardless of any decision issued by the courts, OSHA will still proceed with the rulemaking process to issue a COVID-19 vaccination-or-testing permanent standard. Under current law, an emergency temporary standard remains in effect for six months and serves as a proposed rule for the proceeding. After such time, OSHA will determine if the standard should be made a permanent rule. As is the case with the litigation process, AGC is actively engaged in the rulemaking process and will submit comments highlighting the relevant differences between the construction and the other industries that the ETS covers.
To learn more about what this means for you and your business, please register for the January Lunch & Learn on Tuesday, January 18, 2022 at noon for a panel discussion moderated by AGC President and CEO of Nabholz Construction, Jake Nabholz.
Please email firstname.lastname@example.org to register today.