b'Garys Cornerreview and synopsize any ETS when it is issuedthe ETS is a decision only you can make. I will be and get an analysis out to our members as soon asproviding updates as this issue develops and I will be possible. Until we see the ETS you need to complycovering this topic in my presentation on Site Safety with existing guidance, which we have discussed inat the Expo in January.previous articles and webinars.Update as of November 29, 2021While theHeat Illness Preventioninformation provided above is still correct a few actionsJustafewdaysafterthePresidentdirected have occurred since October 31st that I will pass onOSHA to promulgate a COVID ETS he directed to you. OSHA did issue an ETS mandating COVIDOSHA to develop a standard to cover heat illness vaccinations and/or weekly testing of unvaccinatedprevention.Itappearsthatthiswillfollowusual employees for employers with one hundred or morestandard development protocols. OSHA recently employees on Friday, November 5th. A multitude ofrequested input from labor and management on states filed appeals of the ETS in several (almost allsuch a standard. The date to submit comments is the federal appellate) courts immediately. The FifthDecember 27th. OSHA may hold public hearings after Circuit issued a temporary stay of enforcement of theit receives those comments, or it might just take the ETS on November 12th. In its stay order the Courtinformation received and proceed to develop a draft ordered OSHA to take no further steps to implementstandard. My feeling is that OSHA will use the NIOSH or enforce the ETS until further court order. TheCriteria Document (which is about ten years old) as Court made that temporary stay permanent a fewthe starting point to develop the standard. We have days later. Following the temporary stay, all theto remember that Mr. Parker, who was just recently appellate courts that had received appeals conductedconfirmed as the heat of OSHA, comes to that job a lottery (standard procedure) to determine whichfrom his former position as head of Cal OSHA. Cal would hear and decide the appeals on their merits.OSHA has a very broad and very strict heat illness The Sixth Circuit Court of Appeals, which is basedprevention standard. While OSHA is notorious for the in Cincinnati, Ohio won the lottery and will now hearlength of time it takes to promulgate a new standard, the appeals and decide whether the appeals shallI do feel that the heat illness prevention standard will be granted or denied. Meanwhile, the stay issuedbe on a fast track.by the Fifth Circuit remains in effect. And in light of the stay, OSHA has officially suspended all furtherWhile OSHA goes about the rule making process, action of the implementation of the ETS. The ETSyou need to remember that it has been (in most part) was published on November 5th, so the six-monthsuccessfully enforcing heat illness prevention under longevityofanETSbegantorunonthatdate.the General Duty Clause. That Clause (Section 5(a)Whether that timeline could be extended as OSHA(1) of the OSH Act) requires all employers to provide has suspended implantation of the ETS remains totheir employees with a place of employment free be seen. Since these actions have occurred, thereof recognized hazards causing or likely to cause have been a myriad of articles advising employersdeath or serious physical harm. Heat illness meets to do everything necessary to have their vaccinationthat criteria. In a decision in 2012, Judge Patrick programs in place by January 4, 2022, but to take noAugustine of the Occupational Safety and Health action until a decision is issued by the Sixth Circuit.Review Commission (OSHRC) listed five parts of the How you should react if you would be covered bycriteria document that he felt were feasible steps for Continued on page 36www.mrca.orgMidwest Roofer 35'