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Supreme Court Freezes OSHA COVID-19 Vaccination-or Testing ETS

AGC to Continue with Litigation on the Merits of the ETS

On January 13, the Supreme Court reinstated the nationwide stay on implementation and enforcement of the OSHA COVID-19 vaccination-or-testing emergency temporary standard (ETS). As a result of this decision, OSHA will have to suspend its ETS compliance efforts, many of which took effect on January 10. The case will now go back to the lower courts for litigation on the merits of the ETS. There, AGC of America will remain engaged via its Construction Advocacy Fund-backed lawsuit challenging the ETS. To support the Fund and other pro-construction industry efforts, click here.

In an effort to assist AGC members with increasing the vaccination rates among their workforce and with understanding the ETS requirements, the association created a COVID-19 vaccine tool kit webpage that contains a construction-oriented summary of the ETS detailing employers’ compliance options and obligations as well as additional resources. This toolkit also includes a series of vaccine Public Service Ads AGC of America created specifically targeting construction workers.

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