NAHB Files Petition for Review on OSHA Vaccine and Testing Standard

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.