Perhaps you caught wind of the emergency temporary standard (ETS) developed by the Occupational Safety & Health Association (OSHA) that became effective on November 5, 2021. Much has been presented on this in various settings and information sources. Of primary importance to each company represented by the likely readers of this magazine is that on Friday, November 12, 2021, the US Court of Appeals for the Fifth Circuit issued an order staying enforcement and implementation.

What this means: David Whitlock, Esq., offers that given the language of the Fifth Circuit’s stay order, significant constitutional issues are presented by the ETS. It is unlikely that OSHA will be able to resolve the issues sufficiently to resume the implementation. A fact sheet made available by OSHA can be downloaded at https://www.osha.gov/sites/default/files/publications/OSHA4161.pdf.

What you should know: Many contractors throughout the tilt-up concrete industry are likely unaffected by the original ETS. Companies that have less than 100 employees within their corporate structure with employees who perform their work exclusively outdoors removed from that count, comprise most of this industry. However, both Federal contractors as well as medical contractors will be required to comply with the ETS.