December 22, 2021

On Friday, December 19, 2021, the United States Court of Appeals for the Sixth Circuit lifted a nationwide stay against OSHA from enforcement of its Emergency Temporary Standard for COVID-19 and mandatory testing for employers with 100 or more employees (“covered employers”).

OSHA will not issue citations for noncompliance until January 10, 2022 and covered employers have until February 9, 2022 to come into compliance on the standard’s testing requirements.

Employers in the construction industry should know whether they are exempt from the ETS or, if they must comply, what steps to take to adopt and enforce a mandatory vaccination policy and start creating the required records to demonstrate compliance.

Jennifer Horn and Tom Stevens at Horn Williamson are available to answer questions and provide advice on the new standard and offer a free half-hour consultation to address how the standard affects the construction industry, including OSHA’s record-keeping requirements, the specific definitions under the ETS and how they impact contractors, and what information covered employers must provide to their employees.

Contact us at (215) 987-3800 and ask for Jennifer or Tom or email us at: Jennifer M. Horn, jhorn@hornwilliamson.com;Thomas P. Stevens tstevens@hornwilliamson.com.