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In April, the Occupational Safety and Health Administration (OSHA) issued updated COVID-19 FAQs related to contractor vaccine policies. The FAQs established that when vaccination is mandated by employers, adverse reactions related to employees receiving the vaccine are a recordable injury/illness, and, in some cases, may be recordable even when contractors only recommend, or encourage, employees receive the vaccine (for background, click here). On May 12, �鶹��ý put forth its concerns to OSHA. On May 21, OSHA issued a single FAQ stating that “DOL and OSHA, as well as other federal agencies, are working diligently to encourage COVID-19 vaccinations. OSHA does not wish to have any appearance of discouraging workers from receiving COVID-19 vaccination, and also does not wish to disincentivize employers’ vaccination efforts. As a result, OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022. We will reevaluate the agency’s position at that time to determine the best course of action moving forward.” This is a significant win not only for construction, but all other industry sectors required to maintain an OSHA 300 Log.

In late April, the Occupational Safety and Health Administration (OSHA) issued updated COVID-19 FAQs related to contractor vaccine policies. Consistent with the Center for Disease Control and Prevention (CDC) messaging, contractors have been recommending—and in some instances mandating—employees receive the vaccine. OSHA’s new interpretation of recordability stemming from adverse reactions to the COVID-19 vaccine when contractors mandate employees take the vaccine, or simply recommend it, has the potential to deter vaccination efforts. �鶹��ý is not opposing the requirement for contractors that—at their own discretion—mandate employee vaccination to record adverse reactions on their OSHA 300 Log. However, �鶹��ý is concerned when construction owners or clients pass the mandate down to contractors to vaccinate their employees.

On April 30, �鶹��ý and its coalition partners met with the White House Office of Management and Budget (OMB) to raise concerns about and question the need for a federal Occupational Safety and Health Administration (OSHA) COVID-19 emergency temporary standard (ETS) 14 months into the pandemic. �鶹��ý highlighted the conflicting messages delivered by the administration. On the one hand, the administration continues to highlight the significant decline in case rates, hospitalizations, and great progress towards ending the pandemic through vaccination efforts. On the other hand, OSHA remains determined to issue an ETS to address what it calls grave dangers posed to workers, despite construction remaining an OSHA-identified low exposure industry. �鶹��ý and its partners also stressed the importance of the Centers for Disease Control and Prevention (CDC) and OSHA aligning their respective protocols if an ETS is to be issued. Confusion remains among employers and employees alike due to conflicts between the April 27 CDC guidance and OSHA’s January 29 guidance. The CDC guidance allows for different protocols for the vaccinated versus unvaccinated. The OSHA guidance provides that the vaccinated and unvaccinated should be treated the same and follow established mask and social distancing requirements.

�鶹��ý of America and our survey partner, HCSS are asking all highway and transportation members involved in highway construction work to evaluate the state of highway work zone safety by completing this annual survey. We want to collect information on the number, severity, impacts and potential solutions to highway work zone crashes. Our intention is to use the information we collect from this survey as the main focus of a media and public education campaign we will launch the week before Memorial Day and the traditional start of the summer driving season.

�鶹��ý to Meet with White House

�鶹��ý Seeks Clarity on Conflicts Between CDC & OSHA Guidance

Calling it a “Vital Safety Issue,” Associated General Contractors of America, Other Groups, are Partnering with the CDC to Spend Week of April 19th Urging Construction Workers to Get Vaccinated When They Can

Please join �鶹��ý of America, and its partners on the Construction Industry Safety Coalition, in planning to participate in the COVID-19 Vaccine Awareness Week in Construction, April 19-23. The goal of the campaign is to raise awareness of the safety, effectiveness, and benefits of COVID-19 vaccination among construction workers.

On March 26, members of the U.S. Senate and U.S. House of Representatives introduced legislation directing the Occupational Safety and Health Administration (OSHA) to issue an enforceable heat standard for workers exposed to high temperatures. The bill specifically cites construction workers as suffering among the highest incidences of heat illness. �鶹��ý previously testified on similar legislation, citing the industry’s thorough, proactive work on this subject and informed lawmakers that legislation mandating OSHA to quickly formulate a one-size-fits-all national standard to address workplace heat exposure is unwarranted. In addition, �鶹��ý pointed out how the Obama administration’s OSHA previously decided against issuing such a standard given existing agency authorities to take enforcement action when heat hazards exist on the jobsite.

The anticipated publishing of the U.S. Occupational Safety and Health Administration (OSHA) COVID-19 emergency temporary standards (ETS) is currently on hold. Since President Biden issued his executive order on January 21, which set a March 15 deadline to issue an ETS if deemed necessary, industry stakeholders have been closely monitoring the rulemaking process. According to reports from agency officials, Secretary Walsh requested OSHA update the materials to reflect the latest science and status of COVID-19. These updates will be based on the latest Centers for Disease Control and Prevention (CDC) analysis and information related to the state of vaccinations and the variants. As �鶹��ý has previously reported, the standard could require employers to develop and implement COVID-19 safety plans that follow guidance from the CDC. It could potentially address other issues, such as paying workers if they are required to quarantine and ensuring those employees have jobs after their absence.