b'Garys CornerOSHA MOVES AHEAD WITH RULEMAKING UNDER THE BIDEN ADMINISTRATIONGary Auman, MRCA Legal CounselI n this issue I am going to updateabout? As I write this article, I cannot report on the youontwocurrentlyhottopicsstatus of this ETS, but I can tell you that several states confrontingemployersasOSHA(I have heard as many as 24) have indicated that moves ahead with rulemaking underthey intend to challenge any mandatory vaccination theBidenAdministrationHeatstandard in court. Several governors have stated that Illness Prevention and COVID. they will file for a temporary injunction to stop the COVID enforcement of any mandatory vaccination standard issued by OSHA. Some governors have directed As I write this article on October 31st, I feel thattheir state agencies to not comply with any federal many employers feel they are being tricked rather thanvaccination mandate. treated on this Halloween. On or about SeptemberSo, at this point all we can do is speculate and 9th the President directed OSHA to promulgate anthat is not something I like to do. All we know is Emergency Temporary Standard (ETS) to mandatewhat we have seen in the presidents direction to COVID vaccines for every employer that employs 100OSHA and that is to develop an ETS that will require or more people. From what I have read, a draft of thecompanies with one hundred or more employees ETS was delivered to the White House several weeksto require all employees to be vaccinated or to test ago. It has rested there since then. What concernsweekly each employee not vaccinated for COVID. me is the fact that OSHA and the Administration hasThe implication is that companies will have to pay this ETS under a cloak of secrecy. It appears that it isfor the testing as well as for the time an employee being protected more closely than our most sensitivewill have to be away from work to be tested. Beyond defense measures. What is so secret about this ETS?this I feel we are in a wait and see mode. We will What does the Administration not want you to know 34 www.mrca.orgMidwest Roofer'