NAHB Files Petition for Review on OSHA Vaccine and Testing Standard

Filed in Advocacy, Disaster Response, Legal by on November 15, 2021 4 Comments

NAHB today filed a petition for review in the U.S. Court of Appeals for the D.C. Circuit asking the court to examine OSHA’s emergency temporary standard (ETS) requiring companies with more than 100 employees to mandate COVID-19 vaccinations or weekly testing.

NAHB believes that OSHA does not have the authority to issue an ETS on this matter. Among other things, NAHB believes that:

  • OSHA has failed to demonstrate that there is a grave danger from exposure to COVID-19 in the construction work environment.
  • OSHA failed to demonstrate that the ETS is reasonably necessary and appropriate to protect construction workers.

Last Friday, the U.S. Court of Appeals for the Fifth Circuit blocked implementation of the OSHA ETS involving vaccines and testing. The injunction is temporary and will be taken up again beginning Nov. 16. There are also many other legal challenges across the United States.

But it is very important to note that barring a long-lasting injunction, employers will have to comply with many parts of the rule by Dec. 6, including developing a written vaccination policy, determining employee vaccination status, offering paid time off for vaccinations, and requiring unvaccinated workers to wear masks. NAHB recently published guidance for members to ready themselves for compliance.

This issue is continuing to develop and will be top of mind for NAHB staff in the weeks ahead. Watch NAHBNow for updates to the legal challenge and logistics of the standard. Consult NAHB’s COVID-19 Vaccination and Testing ETS Toolkit and vaccination week page for resources.

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Comments (4)

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  1. Kendal says:

    Thank you NAHB for applying a common sense approach to this! The politicians will continue to exploit the cocos nonsense if we don’t take a stand against it

  2. Abe Degnan says:

    Great work NAHB! This is so important to me and my employees.

  3. Michael TANNER says:

    Every day is a struggle with employees and making them safe and convincing them it’s better to be safe than sorry and teaming up is safer as you work … most of them even hangout after work and know each others kid’s and wives…. For an employer to force and threaten something that is still questionable at best the vaccine or you take there livelihood away and there relationships and all this time they work hard though the pandemic for all the people that relied on them because it was necessary…o yah sum of got sick and got over it and went back to work risking it all again for us and everyone that needed us with no vaccine sucking though a n95 and gasping for air as you had to use that mask over and over because of the shortage of them but we made it through and now get to be told this is they way it is or no more team and you got used people still need you but only if you do this to yourself or you can’t work here your not part of the team… thanks for sticking it to my employees thanks for making me there doctor and there judge and jury and Osha thanks for getting involved in something that takes more freedom’s away forcing things on people against there medical and religious beliefs is really wrong

  4. Ralph says:

    Anytime the government needs to bribe or strongarm the people they serve, to do something they want, something is wrong. My CHOICE was to get the vaccine and fortunately, I survived while others weren’t so lucky. Now OSHA gets into the mix and our industry, which is already reeling from the affects of Covid 19, could potentially get a right to the jaw. I’m proud to be a member of the NAHB and say thank you to our team that is standing up to this further tyranny. I have had a few issues with OSHA in the past, and while I understand the need for safety and enforcement, it was anything but fair and just. Only a threat of a lawsuit got things settled where no ill-conditions even existed. That said, I can’t imagine how this will pan out and how will they service this aspect of their duties; higher contractor tax of some sort? Look out all of us who hold licenses, here comes another one!

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