NAHB Publishes Guidance for Members on OSHA Vaccination and Testing Rule

Disaster Response
Published

NAHB has published a toolkit for the residential construction industry to help covered companies comply with the requirements of a new emergency temporary standard (ETS) from OSHA that mandates COVID-19 vaccinations for workers or weekly testing.

On Nov. 5, 2021, OSHA issued the COVID-19 Vaccination and Testing Emergency Temporary Standard to minimize the risk of COVID-19 transmission in workplaces. It requires all employers with more than 100 employees to mandate vaccinations for their workers or weekly COVID-19 tests to attend work.

Although the ETS is being vigorously challenged in courts all over the United States, its publication in the Federal Register made it effective on Nov. 5. And some of its provisions will be enforceable by OSHA inspectors beginning Dec. 6.

NAHB continues to explore all legal options regarding the ETS. But members should be aware that OSHA inspectors could be looking for violations of the rule beginning in mere weeks. Many workplaces do not routinely see OSHA inspectors. But OSHA inspections on construction sites are quite common.

NAHB's COVID-19 Vaccination and Testing Emergency Temporary Standard Toolkit is organized as a Q&A that addresses the most common questions staff have received from members so far. The most pressing concerns are the provisions that are enforceable beginning Dec. 6, including a requirement that businesses have a written policy in place that details their COVID-19 vaccination and testing plans. Other provisions that go into effect Dec. 6 include:

  • Determining employee vaccination status
  • Providing paid time off for vaccinations and recovery
  • Requiring face coverings for unvaccinated employees
  • Providing information to employees on a company’s policy

The requirement that employers mandate weekly testing for unvaccinated employees goes into effect Jan. 4, 2022.

NAHB has also provided resources about vaccinations, including where to find them in your area.

NAHB will continue to update members on the status of legal challenges to the ETS.

For more information on the ETS and its jobsite requirements, contact Rob Matuga.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Membership | Advocacy

Jul 02, 2025

From Disaster Relief to Challenging Gas Bans, HBAs are Making a Difference

Nearly two dozen HBAs received Association Excellence Awards for outstanding contributions they made on behalf of their members and communities in 2024.

Advocacy

Jul 01, 2025

One Big Beautiful Bill Act Will Spur Economic Growth

NAHB Chairman Buddy Hughes issued the following statement after the Senate passed the One Big Beautiful Bill Act.

View all

Latest Economic News

Economics

Jul 02, 2025

Two or More Story Home Starts Rebound in 2024

Over half of new single-family homes built in 2024 were two or more stories, according the recent release of the Census Bureau’s Survey of Construction (SOC). After declining in 2023, the share of homes started with two or more stories increased again in 2024, continuing the upward trend in place since 2020.

Economics

Jul 01, 2025

May Private Residential Construction Spending Dips

Private residential construction spending fell by 0.5% in May, marking the fifth straight month of decreases. This drop was primarily driven by reduced spending on single-family construction. Compared to a year ago, total spending was down 6.7%, as the housing sector continues to navigate the economic uncertainty stemming from ongoing tariff concerns and elevated mortgage rates.

Economics

Jul 01, 2025

Flat Job Openings for Construction

The count of open, unfilled positions in the construction industry held steady amid a slowdown for housing, per the May Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS).