We will keep you posted on developments as we learn more.įMCSA extends Emergency Declaration through November 30 8.31.21 Today’s announcement also addresses other issues related to schools and additional support for small business, among other things, and is available here: President Biden's COVID-19 Plan | The White House. As part of that process, ATA will ensure that OSHA and the White House understand the implications of the rule to our supply chain, each ATA member and all our employees. It is also worth noting that OSHA emergency rules do not have a great track record when courts review them, so they will need to carefully consider costs and benefits. The Occupational Safety and Health Administration will need some time to develop its emergency rule for businesses with over 100 employees. The various requirements for employers are not immediate, however. The order also provides that booster shots will be available for all eligible Americans who have already been vaccinated. A separate provision also requires vaccination for all employees of federal contractors- with no option to test out. Timing and Deadlines: While the Supreme Court is free to issue its decision at any time, we expect them to do so quickly in this case, in light of the current January 10 enforcement deadline for the initial phase of the ETS (with full testing requirements for unvaccinated employees set for enforcement on February 9). For more information and resources, check out our updated COVID vaccine mandate toolkit for ATA member companies.īiden Administration broadens COVID-19 vaccination requirements throughout the private sector 9.9.21Īs reported widely in the news today, the White House announced plans to require employers with more than 100 workers to ensure their employees are vaccinated, or test each unvaccinated employee for the virus weekly, affecting about 80 million Americans.The emergency rule will also require paid time off for vaccination or recovery from side effects post-vaccination. This presumably reflects the Court’s recognition that the seriousness of our arguments and our presentation of the issues makes our application the best vehicle for resolving this complex matter. Why Friday’s proceedings are notable: Of the 14 or so emergency applications, ours is only one of two that the Supreme Court chose to hear oral arguments on. 21, 2021: The Supreme Court announces it will hear oral arguments on our emergency application on January 7. In response, ATA immediately filed an emergency application to the U.S. 17, 2021: In a 2-1 decision, the Sixth Circuit Court of Appeals lifted the stay on the mandate. The Kentucky, Michigan, Ohio and Tennessee Trucking Associations also joined our challenge.ĭec. 16, 2021: ATA’s challenge is consolidated with other similar suits nationwide and reassigned to U.S. Other members of our coalition include the Food Marketing Institute, the International Warehouse Logistics Association, the National Association of Convenience Stores, the National Retail Federation, the National Association of Wholesaler-Distributors and the National Federation of Independent Business. Court of Appeals for the Fifth Circuit, asking the court to stay and ultimately vacate the mandate. 10, 2021: ATA, joined by the state trucking associations from Texas, Louisiana and Mississippi, as well as a coalition of business groups, filed suit in the U.S. 5, 2021: The Occupational Safety and Health Administration published its Emergency Temporary Standard requiring all businesses with 100 or more employees to get their workers vaccinated or tested weekly. Here’s a quick recap of events that led ATA’s legal challenge to the highest court in the land: The Supreme Court heard oral arguments today on our request to stay the Biden Administration’s COVID vax-or-test mandate on businesses with more than 100 employees. Agricultural and Food Transporters ConferenceĪTA coalition challenges Biden Administration's vaccine-or-test mandate before the U.S.
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