ConDig (12-Nov-21) The Associated Builders and Contractors (ABC) has lodged a petition for review with the U.S. Court of Appeals in the 11th Circuit against the the government’s planned rollout of a vaccine mandate.

Under the mandate, businesses with 100 or more workers will need to be vaccinated or face weekly testing. If businesses do not comply, the government will “take enforcement actions,” which could include “substantial fines up to nearly $14,000 per violation, Whitehouse officials said in September. 

The Occupational Safety and Health Administration (OSHA) is set to oversee implementation and enforcement of the rule.

“The OSHA ETS rule presents one of the greatest sources of risk and uncertainty to the construction industry because it is likely to exacerbate the skilled labor shortage currently facing the industry and many small businesses like my company,” said Steve Klessig, chair of the ABC board of directors and president of architecture and engineering at Keller Inc.

“ABC’s legal challenge pushes back against the Biden administration’s overreaching policy, which creates unnecessary tension between employers and employees and is likely to further disrupt America’s economic recovery.”

Executives at ABC argued that the Emergency Temporary Standard would place excessive compliance costs and regulatory burdens on contractors at a time when the construction industry faces a workforce shortage of 430,000, rising materials prices and supply chain woes. 

“ABC’s hope is that this legal challenge will encourage the justice system to examine this overreach, realize its irreparable harm to the construction industry and rule it unlawful, added Ben Brubeck, ABC vice president of regulatory, labor and state affairs.

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