Update On Biden Administration's Vaccine Mandate
UPDATE 11/23/2021: We are waiting on a ruling from the Sixth Circuit Court. In the event they decide to agree with the Fifth Circuit and continue to stay the rule, we will keep monitoring the situation. Should the Sixth Circuit Court decide to enforce the rule, the MCAA will be providing Vaccination and Regular Testing Policies for our members.
A three-judge panel upheld the stay of the Vaccination Mandate issued by OSHA a week ago. The three-judge panel cited irreparable harm if it were not held up and the rule was eventually overturned. The panel also felt the rule had a good chance of being overruled as there were concerns about the administration doing a 180 from its previous determination on both vaccines and on why an ETS was not necessary without giving a detailed explanation for the flip flop.
In addition, the panel was concerned about the constitutionality authority under the Commerce Clause and threatens states’ power under the 10th amendment. The court further notes that the ETS is noneconomic activity, which means it falls within the States’ powers. They also noted they did not feel OSHA had the authority to create such a mandate. Likely the rule will be appealed to a full appellate court. If that court concurs, it will likely be headed for the Supreme Court.
Stay tuned for additional updates.
About the Author
Jeff Buczkiewicz is the President and CEO of the Mason Contractors Association of America. Jeff has worked in the masonry industry for several years as the Executive Vice President of the Building Stone Institute and the Director of Marketing and Membership for the Mason Contractors Association of America. Jeff has also served as Secretary on the Board of the Natural Stone Council and is a former Board Member of the StonExpo Federation.
