ConDig (15-Nov-21) Leaders of the US construction industry have filed a petition in an appeals court to challenge the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccination mandate.

The Associated General Contractors of America (AGC), the American Road & Transportation Builders Association (ARTBA) and the Signatory Wall & Ceiling Contractors Alliance (SWACCA) filed the petition against the mandate in the U.S. Court of Appeals for the Fourth Circuit.

The groups argued that the rule will put many construction companies at severe risk of losing a large chunk of their workers to smaller companies.

“We all want to see more construction workers vaccinated and we are all doing our part to make that happen,” said Stephen E. Sandherr, the AGC’s chief executive officer. 

“Encouraging vaccine-hesitant workers to shift to smaller employers won’t improve health and safety. It will just put firms that employ 100 or more workers at grave risk of losing the workers they need to complete projects.”

The petition also states that OSHA exceeded its statutory authority to promulgate an Emergency Temporary Standard, and otherwise failed to comply with the Occupational Safety and Health Act.

“The Biden Administration and Congress are in the process of launching a historic federal infrastructure investment initiative,” ARTBA president Dave Bauer said. “Unfortunately, OSHA’s proposal would disproportionally impact the same transportation construction industry employers and workers who proved they could safely deliver essential mobility improvements during the height of the COVID-19 pandemic.”

The new standard applies to all companies with 100 or more employees, but the construction groups noted that roughly 64% of all jobs in the construction industry are with smaller companies. With nearly 90% of construction firms reporting they are having a hard time filling positions, and many other sectors eager for workers, many vaccine-hesitant workers will have little difficulty finding career opportunities at the smaller firms that are not covered by the OSHA mandate, the groups argued.

The petition comes on the heels of the Associated Builders and Contractors (ABC) last week lodging a petition for review with the U.S. Court of Appeals in the 11th Circuit against the government’s vaccine mandate.

Last month, leaders of the US house building industry questioned the legality of the government’s planned rollout of a vaccine mandate.