Update On Biden Administration's Vaccine Mandate

Words: Jeff Buczkiewicz

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.

Fall Conversations That Set the Stage for Spring Projects
October 2026

Why early planning helps masons deliver smoother installs, stronger customer relationships and lasting results A successful masonry installation often takes shape long before the first material arrives on the jobsite. For projects slated to begin or ramp

New CMHA Manual Advances Masonry Storm Shelter Design
October 2026

A new manual from the Concrete Masonry & Hardscapes Association (CMHA) provides structural guidance to help engineers, architects, and mason contractors design and build ICC 500-compliant tornado shelters using reinforced concrete masonry. Funded by the

Masonry Cosmetics Recommits as a Gold in 2027
October 2026

The Mason Contractors Association of America (MCAA) is pleased to announce that Masonry Cosmetics will recommit as a Gold Partner in the 2027 Masonry Alliance Program.

CrewTracks Continues as a Cornerstone in 2027
October 2026

The Mason Contractors Association of America (MCAA) is delighted to share that CrewTracks will continue as a Cornerstone Partner in the 2027 Masonry Alliance Program.