NAHB CEO Jerry Howard participated and spoke at a roundtable exploring the impact that OSHA’s COVID-19 vaccine and testing mandate will have on businesses across the country.
The Fifth Circuit Court of Appeals recently halted enforcement of OSHA’s mandate for COVID-19 vaccinations or weekly testing at companies with more than 100 employees Nov. 12. Dec. 6 was to be the first big deadline for complying with the emergency temporary standard (ETS), with companies required to have written plans to comply with the ETS, to determine vaccination status of all workers, and require face coverings for all unvaccinated workers.
“NAHB supports the CDC’s vaccination efforts regarding safety, effectiveness, and benefits of COVID-19 vaccination among construction workers,” Howard said at a roundtable convened by Republicans on the House Transportation and Infrastructure Committee. “But we have concerns regarding the procedures OSHA has used to issue its COVID-19 vaccination and testing ETS.”
Howard and the NAHB’s concerns with the ETS include: OSHA did not accept formal public comment prior to issuing the ETS, and the construction industry, considered a low risk for transmission and spread of COVID-19, was not exempt from the ETS. Howard said a comment period would have allowed those impacted by the potential ETS an opportunity to provide “valuable information” to OSHA.
The NAHB believes the ETS is “broadly unnecessary” to protect the “low exposure risk” construction industry and will exacerbate both labor shortages and supply chain challenges. The organization also fears workers may be inclined to leave their jobs in the industry in the face of mandates.
“Overall, the home building industry is generally low risk for COVID-19 exposure, and the industry has been proactive at protecting its workers throughout the pandemic,” Howard said. “NAHB continues to promote jobsite safety and helps its members protect construction workers from the virus.”
Many major challenges of the COVID-19 vaccination and testing ETS were consolidated into a case now before the Sixth Circuit Court, with the court expected to issue a decision on the temporary stay over the ETS soon. OSHA has requested the Sixth Circuit Court dissolve the stay.
While the NAHB has voiced its opposition to the ETS, the organization advised members to familiarize themselves with the requirements of the ETS and be prepared to handle any outcome from the courts. OSHA is still issuing citations regarding COVID-19, with a Georgia grocery store cited last week for not developing and implementing “timely and effective measures to mitigate the spread” of COVID-19.
The NAHB has published guidance with answers to many commonly asked questions to help companies comply with the ETS.
