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Regulations

OSHA Withdraws COVID-19 Vaccination and Testing ETS

On Jan. 26, the U.S. Department of Labor’s Occupational Safety and Health Administration announced it is withdrawing its COVID-19 Vaccination and Testing Emergency Temporary Standard, which applied to employers with 100 or more employees. The withdrawal is effective Jan. 26.

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ABC Cheers Supreme Court OSHA COVID-19 Vaccination Mandate Ruling

On Jan. 13, ABC applauded the U.S. Supreme Court for reinstating the stay on the U.S. Department of Labor’s Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees. On behalf of the construction industry, ABC filed one of the emergency appeals to the Supreme Court leading to this successful outcome. The Supreme Court remanded the case to the 6th Circuit, which will consider the merits of the case.

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ABC Cheers Supreme Court OSHA COVID-19 Vaccination Mandate Ruling

On Jan. 13, ABC applauded the U.S. Supreme Court for reinstating the stay on the U.S. Department of Labor’s Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees. On behalf of the construction industry, ABC filed one of the emergency appeals to the Supreme Court leading to this successful outcome.

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Enforcement of the OSHA COVID-19 Vaccination and Testing ETS Began Jan. 10

As of this writing, the Supreme Court has not yet issued a decision on the appeal to reinstitute a stay of the U.S. Department of Labor’s Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees.

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COVID-19 Vaccination Mandates: Supreme Court to Hear ABC’s Challenge to OSHA ETS; CMS Mandate Enjoined in 25 States; Federal Contractor Mandate Injunction Upheld

Three different federal COVID-19 vaccination mandates issued under the Biden administration continue to be challenged in the courts. Read the important developments on the federal contractor, Centers for Medicaid and Medicare Services and Occupational Safety and Health Administration vaccination mandates.

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Stay Lifted on OSHA COVID-19 Vaccination and Testing ETS—What Employers Need to Do Now

On Dec. 17, the 6th Circuit Court of Appeals lifted the 5th Circuit’s stay of the U.S. Department of Labor’s Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees.

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NDAA Passes Without Harmful Labor Provisions

On Dec. 15, the House and Senate passed the annual National Defense Authorization Act, following negotiations to ensure passage of the bill before the end of the year. Notably, the NDAA agreement removed several harmful labor provisions opposed by ABC from the previous version of the bill passed only in the House.

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Biden Administration Releases Fall 2021 Regulatory Agenda

On Dec. 10, the Biden administration released its Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish through the end of the year and into 2022. ABC has prepared a summary of the actions of interest to ABC members by agency. 

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New Guidance on Federal Contractor COVID-19 Vaccination Mandate; What’s Next for the OSHA ETS and CMS Mandate

Courts have blocked three different federal COVID-19 vaccination mandates issued under the Biden administration. Since the court orders staying the different federal mandates are at this time only preliminary, it is premature to say the threat posed by the federal mandates is past. It appears the mandates will be at a minimum delayed, but there will inevitably be appeals, perhaps up to the Supreme Court. There are also many private, state and local mandates that are not affected by these court rulings.

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ABC Wins Key Nationwide Challenge Against Federal Contractor Vaccine Mandate

On Dec. 7, ABC applauded a Georgia federal court for granting a nationwide preliminary injunction order against the federal contractor vaccine mandate.

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