On November 15, AGC, along with industry allies, filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit challenging the recent OSHA COVID-19 emergency temporary standard (ETS). The suit highlights the many efforts the construction industry has collectively engaged in to combat COVID-19, including funding public service announcements and other proactive measures to encourage contractors to protect their workers throughout the pandemic. It also makes clear that the challenge is not in opposition to the ETS’s objective to get more people vaccinated, but the negative economic impact such a mandate will have on the construction industry and the fact that it exceeds the statutory authority of the U.S. Department of Labor. In all, there were 34 cases filed in 12 different circuits. On November 16, the U.S. Court of Appeals for the Sixth Circuit was randomly selected to consolidate all the cases.
AGC Releases New Series of COVID-19 Vaccine PSAs to Encourage Construction Workers to Get Their Shot
AGC of America is releasing a new series of COVID-19 vaccine PSAs designed to encourage construction professionals to get their shot. The series will feature testimonials from workers who did not get their shot, contracted COVID and nearly died. They are now urging their co-workers to get their shots. Other videos feature construction mentors talking about the value of the vaccine. You can view the current videos here. The videos urge people to visit AGC of America’s vaccine toolkit to learn more.
Today, the Associated General Contractors of America (AGC), the American Road & Transportation Builders Association (ARTBA) and the Signatory Wall & Ceiling Contractors Alliance (SWACCA) filed a petition for review of OSHA’s new COVID-19 vaccination mandate. The groups explain that the new rule will put many construction companies at grave risk of losing a substantial number of their workers to smaller companies, instead of leading to more people getting vaccinated in the sector.
AGC Prepares for Litigation; Provides ETS Summary & Compliance Webinars
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: