January 10, 2022: An Update from NIA’s Legal Counsel 

Starting today, OSHA will begin enforcing all aspects of the ETS for COVID-19, save for the provisions that apply to weekly testing of employees who are not fully vaccinated.  OSHA has stated that it will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as the employer is exercising reasonable, good faith efforts to come into compliance with the standard.  On Friday, January 7, 2022, the U.S. Supreme Court heard oral arguments on the issue of whether to reinstitute a stay of the entire ETS.  The Court has not yet issued a decision.  In the meantime, employees with 100 or more employees can expect OSHA to take enforcement action with respect to the ETS.

NIA will continue to update you regarding the status of the COVID-19 vaccine and testing mandates. The latest updates are posted at www.insulation.org/membership/covid19.