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Construction Projects in Distress

Project # 76059

Economic Impact of OSHA Emergency Temporary Standard on the Construction Industry

VERTEX was retained by the Association of General Contractors (AGC) and worked with Crowell & Moring LLP to prepare an expert declaration on the anticipated economic impact to the construction industry of OSHA’s emergency temporary standard (ETS). The ETS was adopted by OSHA on November 5, 2021 to require employers with over 100 employees to develop, implement, and enforce a mandatory COVID-19 vaccination policy. Under the ETS, the covered employers would be required to mandate vaccinations or undergo regular testing in conjunction with wear a face covering in lieu of vaccination. The ETS also serves as a “proposed rule” for an OSHA standard.

VERTEX’s declaration provided analysis on construction industry composition and segmentation, lack of clarity and practical problems of the ETS requirements, and anticipated disruption and additional costs to covered firms.

On January 13, 2022, the Supreme Court stayed the ETS, and OSHA withdrew the ETS as an enforceable emergency temporary standard, although it was not withdrawn as a proposed rule.

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