In response to the ongoing Omicron wave of COVID-19 cases, the Centers for Disease Control and Prevention (CDC) recently updated its guidance to reduce, in most instances, both the length of time an individual must isolate after contracting COVID-19, and the quarantine period for those exposed to the illness. While it may be a good sign the CDC believes shorter periods are appropriate due to the prevalence of milder Omicron cases, this new guidance doesn’t come without complexities. The December 27, 2021, guidance not only abruptly changes rules many employers had in place for several months, it also leads to questions about which guidance employers should now follow given the status of OSHA’s Emergency Temporary Standard (ETS). This article offers employers a practical, five-step compliance plan in light of this latest curveball.
It is also important to note that regardless of any decision issued by the courts, OSHA will still proceed with the rulemaking process to issue a COVID-19 vaccination-or-testing permanent standard. Under current law, an emergency temporary standard remains in effect for six months and serves as a proposed rule for the proceeding. After such time, OSHA will determine if the standard should be made a permanent rule. As is the case with the litigation process, 91¶ÌÊÓƵ is actively engaged in the rulemaking process and will submit comments highlighting the relevant differences between the construction and the other industries that the ETS covers.
On December 17, the U.S. Court of Appeals for the Sixth Circuit removed the stay on the OSHA COVID-19 vaccine-or-testing emergency temporary standard (ETS). The court’s decision to remove the stay has been appealed to the Supreme Court. The litigation of the ETS is far from over and 91¶ÌÊÓƵ remains engaged, having filed its Construction Advocacy Fund-backed lawsuit in November.
Following the nationwide vacatur of the 2020 definition of waters of the United States (WOTUS) under the Clean Water Act, the U.S. Army Corps of Engineers (Corps) reverted to using the 1980s regulatory regime with prior guidance when making decisions on federal jurisdiction over waters and wetlands. The Biden Administration has also moved forward with its two-step process to repeal and replace the 2020 rule. On Dec. 7, they published a proposal to reinstate the 1980s regulatory regime with changes that would codify the Administration’s interpretations of the relevant Supreme Court rulings. 91¶ÌÊÓƵ is preparing comments in advance of the Feb. 7 deadline.
On Dec. 3, 91¶ÌÊÓƵ submitted comments to the U.S. Fish and Wildlife Service on proposed changes that would codify the Biden Administration’s interpretation that the Migratory Bird Treaty Act prohibits incidental take---injury or harm that occurs incidental to otherwise lawful activities. If a bird or nest is injured or harmed in the normal course of construction activities, then this could expose contractors to criminal liability should the Service take enforcement action. The Service also sought feedback on a potential new permitting program for incidental take.
Michael currently serves as the Director of Strategic Markets at Tarlton Corp. and is the Chair of 91¶ÌÊÓƵ of America’s Building Division and a member of the Board of Directors. He is an experienced construction leader with past roles in project management, estimating, business development, and marketing. He has developed and informed company strategy, led teams and projects across multiple locations, built strong relationships with clients and partners, and won new business across markets
Only 18 states and the District of Columbia have added construction jobs since just before the start of the pandemic in February 2020 despite a pickup in most states from October to November, according to a new analysis of federal employment data released today by the Associated General Contractors of America. Association officials said one reason employment is below pre-pandemic levels in many parts of the country is the lack of available workers to hire.