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VIDEO: Shocking Ruling from Court of Appeals on Vaccine Mandates

December 21, 2021

The legal saga over President Joe Biden’s COVID-19 vaccine mandate for all employers with 100 or more workers takes another turn roofing contractors need to know about.

In this latest Legal Insights video chat with RC, Trent Cotney, CEO of Cotney Attorneys & Consultants discusses the surprise ruling from the 6th Circuit Court of Appeals and what it means for contractors that need to prepare for an enforcement period scheduled to begin in early 2022.

OSHA announced it will exercise enforcement discretion with respect to the compliance dates of the ETS. The agency will not issue citations for noncompliance with any ETS requirements before Jan. 10 and won’t issue citations for testing requirements before Feb. 9, “so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”

With that in mind, Cotney warns that roofing companies with 100 or more employees should start putting together their records of their employees' vaccination status to comply with the ETS.

"Regardless of what happens with this, and I wouldn't hedge your bets that the Supreme Court is going to do anything different, is you've got to get your policies together," Cotney said. 

The legal drama also appears far from over. Multiple business groups, economists and religious organizations have asked the Supreme Court to consider an emergency stay against the ETS.

See more of RC coronavirus coverage here.

KEYWORDS: Adams & Reese court COVID-19 legal issues in AEC OSHA (Occupational Safety and Health Administration) US government

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