What happened: ARTBA and its industry allies have urged the Occupational Safety and Health Administration (OSHA) to drop its COVID-19 vaccination and testing mandate for private employers with 100 or more employees. The U.S. Supreme Court Jan. 13 halted the agency’s emergency temporary standard (ETS) on the transportation construction industry while challenges to the rule continue in the 6th U.S. Circuit Court of Appeals, based in Cincinnati.
Why it matters: Despite the high court’s stay on the ETS, OSHA is still taking comments on the rule and considering whether to expand the mandate to employers with fewer than 100 employees. In two similar Jan. 19 comments to the agency, ARTBA and its allies raised multiple concerns with the ETS, including burdens on the transportation construction industry workforce and opposing OSHA’s suggestion of extending it to smaller employers.
What’s next: OSHA will not enforce the ETS while it is litigated in federal court, and employers do not have to comply with the rule. ARTBA will keep its membership updated, especially regarding arguments made on behalf of the transportation construction industry.
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