The American Road & Transportation Builders Association, the Associated General Contractors of America, and the Signatory Wall & Ceiling Contractors Alliance (SWACCA) recently filed a joint petition with the U.S. Court of Appeals Fourth District urging a review of the Occupational Safety and Health Administration’s COVID-19 vaccination mandate.
The agency’s mandate applies to companies with 100 or more employees. The petition argues this exceeds the agency’s statutory authority to promulgate an Emergency Temporary Standard and that it fails to comply with the Occupational Safety and Health Act.
The mandate would not result in more people getting vaccinated, according to the petition, but would cause employees to leave larger construction companies for smaller ones.
Approximately 64 percent of construction industry jobs are with smaller companies. In addition, nearly 90 percent of construction firms are experiencing difficulty filling positions.
Construction groups have been actively promoting vaccinations, according to the petition, by funding and sponsoring public service announcements and other proactive measures.
“This industry supports the coronavirus vaccine and is working to get as many workers vaccinated as possible,” Scott Casabona, SWACCA president, said. “But crafting an unworkable rule that will do little to get construction workers vaccinated is an approach that is not only wrong but likely counterproductive.”