Prices of construction materials jumped nearly 20 percent in 2021 despite moderating in December, according to an analysis by the Associated General Contractors of America of government data released today. Association officials said contractors rate materials costs as a top concern for 2022, according to a survey predicting the industry’s outlook for the industry the association released yesterday.
Employers with 100 or More Employees Weigh Compliance Approaches
In response to the ongoing Omicron wave of COVID-19 cases, the Centers for Disease Control and Prevention (CDC) recently updated its guidance to reduce, in most instances, both the length of time an individual must isolate after contracting COVID-19, and the quarantine period for those exposed to the illness. While it may be a good sign the CDC believes shorter periods are appropriate due to the prevalence of milder Omicron cases, this new guidance doesn’t come without complexities. The December 27, 2021, guidance not only abruptly changes rules many employers had in place for several months, it also leads to questions about which guidance employers should now follow given the status of OSHA’s Emergency Temporary Standard (ETS). This article offers employers a practical, five-step compliance plan in light of this latest curveball.
A December 17 decision by the U.S. Court of Appeals for the Eleventh Circuit will effectively maintain a Georgia federal district court’s nationwide stay of the federal contractor vaccine mandate until at least January 24, 2022. The Eleventh Circuit denied a Biden Administration request to immediately remove the nationwide stay and instead requested that the parties to the lawsuit fully brief their arguments on the stay by January 24. The argument here does not go to the merits of the mandate, but instead as to whether the existing freeze of the mandate should be maintained or not. As such, litigation is far from over in this particular case and those throughout the country, including by ÎÚÑ»´«Ã½ in a federal court in Texas.
It is also important to note that regardless of any decision issued by the courts, OSHA will still proceed with the rulemaking process to issue a COVID-19 vaccination-or-testing permanent standard. Under current law, an emergency temporary standard remains in effect for six months and serves as a proposed rule for the proceeding. After such time, OSHA will determine if the standard should be made a permanent rule. As is the case with the litigation process, ÎÚÑ»´«Ã½ is actively engaged in the rulemaking process and will submit comments highlighting the relevant differences between the construction and the other industries that the ETS covers.
On December 17, the U.S. Court of Appeals for the Sixth Circuit removed the stay on the OSHA COVID-19 vaccine-or-testing emergency temporary standard (ETS). The court’s decision to remove the stay has been appealed to the Supreme Court. The litigation of the ETS is far from over and ÎÚÑ»´«Ã½ remains engaged, having filed its Construction Advocacy Fund-backed lawsuit in November.
Following the nationwide vacatur of the 2020 definition of waters of the United States (WOTUS) under the Clean Water Act, the U.S. Army Corps of Engineers (Corps) reverted to using the 1980s regulatory regime with prior guidance when making decisions on federal jurisdiction over waters and wetlands. The Biden Administration has also moved forward with its two-step process to repeal and replace the 2020 rule. On Dec. 7, they published a proposal to reinstate the 1980s regulatory regime with changes that would codify the Administration’s interpretations of the relevant Supreme Court rulings. ÎÚÑ»´«Ã½ is preparing comments in advance of the Feb. 7 deadline.