NEWSLINE
NEWSLINE 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 Three different federal COVID-19 federal COVID-19 • Plan for • Plan the possibility for the possibility of a of a who provide who provide any care,any treatment, care, treatment, or or vaccination vaccination mandates mandates issued under issued under COVID-19 COVID-19 vaccination vaccination and testing and testing other services other services for the facility. for the The facility. The the Biden the administration Biden administration continuecontinue to to mandate. mandate. CMS vaccination CMS vaccination mandatemandate is currentis currentbe challenged be challenged in the courts. in the Read courts. theRead• the Review• your Review vaccination your vaccination and testing and testing ly enjoined ly enjoined in a number in a number of statesofbut states but important important developments developments on the on the policies.policies. If you currently If you currently don’t have don’t have not nationwide. not nationwide. The Supreme The Supreme Court Court federal contractor, federal contractor, Centers Centers for for policies,policies, considerconsider adoptingadopting them. them. has agreed hasto agreed hold oral to hold argument oral argument on on Medicaid Medicaid and Medicare and Medicare ServicesServices and and Policy templates Policy templates are available are available on on the CMSthe vaccination CMS vaccination mandatemandate on on Occupational Occupational Safety and Safety Health and Health the OSHA theVaccination OSHA Vaccination and Testing and Testing Jan. 7. Jan. 7. Administration Administration vaccination vaccination man- man- ETS website. ETS website. dates. dates. • Collect• employees’ Collect employees’ vaccination vaccination On Dec. On 15, Dec. the Court 15, the ofCourt Appeals of Appeals for for status and status prepare and prepare to comply to with comply with the 5th, the 8th,5th, and8th, 11thand Circuits 11th Circuits and and OSHA COVID-19 OSHA COVID-19 Vaccination Vaccination and and OSHA’s ETS OSHA’s recordkeeping ETS recordkeeping require- requireDistrict Court District forCourt the Northern for the Northern Testing ETS Testing ETS ments. ments. District of District Texasofpreliminarily Texas preliminarily • See OSHA • SeeETS OSHA resources, ETS resources, which whichenjoinedenjoined the CMSthe vaccination CMS vaccination On Dec. On 17, Dec. the 6th 17, Circuit the 6thCourt Circuit ofCourt ofinclude fact include sheets factand sheets FAQs. and FAQs. mandatemandate in the following in the following 25 states: 25 states: AppealsAppeals lifted thelifted 5th Circuit’s the 5th Circuit’s stay stay • Watch •OSHA’s Watch December OSHA’s December 2021 2021 Alabama, Alabama, Alaska, Arizona, Alaska, Arizona, Arkansas, Arkansas, of the U.S. of the Department U.S. Department of Labor’s of Labor’s webinarwebinar (slides) on (slides) the ETS. on the ETS. Georgia,Georgia, Idaho, Indiana, Idaho, Indiana, Iowa, Iowa, OSHA COVID-19 OSHA COVID-19 Vaccination Vaccination and and • Prepare • Prepare for logistical for logistical challenges challenges of of Kansas, Kansas, Kentucky, Kentucky, Louisiana, Louisiana, Missis- MissisTesting Emergency Testing Emergency Temporary Temporary testing. testing. sippi, Missouri, sippi, Missouri, Montana, Montana, Nebraska, Nebraska, Standard, Standard, which applies which to applies employto employ• Encourage • Encourage employees employees to get to get New Hampshire, New Hampshire, North Dakota, North Dakota, Ohio, Ohio, ers withers 100with or more 100 or employees. more employees. vaccinated. vaccinated. Oklahoma, Oklahoma, South Carolina, South Carolina, South South • See ABC’s • SeeCOVID-19 ABC’s COVID-19 vaccination vaccinationDakota, Dakota, Texas, Utah, Texas, West Utah, Virginia West Virginia ABC filed ABC an filed emergency an emergency appeal with appeal with toolkit. toolkit. and Wyoming. and Wyoming. Medicare Medicare and Medicand Medicthe Supreme the Supreme Court onCourt Dec. on 20,Dec. one of 20, one of • Follow •all Follow safety allprotocols safety protocols as as aid-certified aid-certified providers providers and suppliers and suppliers several filed several by other filed by groups. other groups. The The requiredrequired by court-approved by court-approved federal, federal, in thosein states thoseare states not required are not required to to SupremeSupreme Court has Court agreed hasto agreed hold to holdstate and comply the Final Interim Final Rule, state local and governments. local governments. comply with thewith Interim Rule, and surveyors will not investigate oral argument oral argument on the OSHA on theETS OSHA on ETS on and surveyors will not investigate compliance rule in facilities Jan. 7. Jan. 7. With theWith revised the Jan. revised 10 and Jan.Feb. 10 and 9 Feb.compliance 9 with thewith rule the in facilities thosepending states, pending deadlines deadlines in view, in contractors view, contractors may may located located in thosein states, future developments in the litigation. OSHA has OSHA announced has announced a delayed a delayed want to want undertake to undertake more concrete more concretefuture developments in the litigation. restart of restart the ETS of the enforcement ETS enforcement until until compliance compliance actions.actions. Each company’s Each company’s According to the CMS“InFAQs, Jan. 10, Jan. and will 10, and not issue will not citations issue citations circumstances circumstances may vary. may It is vary. anticiIt is anticiAccording to the CMS FAQs, the “In the 25the states, the of District of for noncompliance for noncompliance with thewith stan-the stan-pated the pated Supreme the Supreme Court will Court rule will ruleother 25other states, District Columbia, the territories, dard’s testing dard’s requirements testing requirements before before soon after soon theafter Jan.the 7 oral Jan. argument 7 oral argument Columbia, and the and territories, as an as an exercise of enforcement discretion, Feb. 9, “so Feb. long 9, “so as an long employer as an employer is isis held, bringing is held, bringing greater clarity greatertoclarity the toexercise the of enforcement discretion, will be implemented and exercising exercising reasonable, reasonable, good faith good faithsituation. situation. the rule the will rule be implemented and on the following efforts to efforts cometo into come compliance into compliance with with enforcedenforced on the following modifiedmodified the deadline for1Phase 1 the standard.” the standard.” CMS COVID-19 CMS COVID-19 Vaccination Vaccination MandateMandate timeline:timeline: the deadline for Phase implementation is January for Health forCare Health Staff Care (and Staff Contrac(and Contracimplementation is January 27 and 27 and the deadline for2Phase 2 implementaBecauseBecause the staythe hasstay beenhas lifted, beenit lifted, is it is tors) tors) the deadline for Phase implementation is February 28.” recommended recommended that covered that covered employ-employtion is February 28.” ers do the ersfollowing: do the following: The CMSThe vaccination CMS vaccination mandatemandate to the 28 updated applies to applies a widetorange a wide ofrange people of peopleRefer toRefer the Dec. 28 Dec. updated CMS CMS fordetails. further details. • Continue • Continue to monitor to monitor legal developlegal developworkingworking at healthatcare health facilities, care facilities, FAQS forFAQS further ments inments Newsline in Newsline and the and Beltway the Beltway including including employees, employees, trainees,trainees, Blueprint. Blueprint. students, students, volunteers volunteers or contractors or contractors 22
JANUARY 2022
CONSTRUCTION NEWS BULLETIN
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