Print Page | Contact Us | Report Abuse | Sign In | Register
ROOF TALK
Blog Home All Blogs
Search all posts for:   

 

Top tags: BUSINESS  LEGAL  TECHNICAL  SAFETY  MEMBERS IN THE NEWS  WSRCA UPDATES  ROOFING  COVID-19  VENTILATION  ASTM  CLAY ROOF  INDUSTRY ISSUES  Metal  OSHA  REROOF 

Sixth Circuit Court of Appeals Gives Life to OSHA’s Vaccine Mandate

Posted By Western States Roofing Contractors Association, Monday, December 20, 2021

HPSS Law

Late Friday evening, December 17, the Sixth Circuit Court of Appeals issued a ruling which gave life to OSHA’s emergency temporary standard ("ETS") which requires employers with 100 or more employees to implement a vaccine mandate policy with a weekly testing option. OSHA’s ETS had been subject to a temporary stay issued by the Fifth Circuit of Appeals. Numerous lawsuits were filed across the country seeking to block OSHA’s enforcement of the ETS. Those lawsuits were consolidated while the Fifth Circuit’s stay remained in place. The Sixth Circuit Court of Appeals was chosen, by lottery, as the court to hear arguments on whether the stay should be enforced or dissolved. The Sixth Circuit’s decision dissolves the stay allowing OSHA to enforce the ETS.

 

With the decision from the Sixth Circuit, large employers subject to the ETS will need to scramble in order to meet the requirements of the standard. While the ETS first required compliance by January 4, shortly after the Sixth Circuit published its opinion, OSHA issued a press release noting that, given the uncertainties surrounding the ETS in light of the litigation filed across the country seeking to block its enforcement, it would not begin issuing citations for noncompliance with any requirements of the ETS before January 10, and it will not issue any citations for noncompliance with the testing requirements of the ETS until February 9, so long as the employer is exercising reasonable, good faith efforts to come into compliance with the standard. Employers subject to the ETS who fail or refuse to comply with the standard by these deadlines will be subject to OSHA citations, which, in 2021, equated to $13,653 for a serious violation. The penalty amount will increase beginning in January, 2022.

 

Immediately after the Sixth Circuit Court of Appeals issued its decision allowing OSHA's enforcement of the ETS, various conservative groups and business groups indicated that the decision would be appealed to the Supreme Court. To date, the Supreme Court has been hesitant to get involved in state and local vaccine mandates, allowing those mandates to remain in place. It remains to be seen whether the Supreme Court will agree to review the decision by the Sixth Circuit, and if so, whether the decision will be affirmed or reversed. What we know for sure is that there will be more to come, and we will be sure to provide you with the information as it is published.

 

The Sixth Circuit’s ruling has no effect on the current status of what is commonly referred to as the Federal Contractor Vaccine Mandate. The Federal Contractor Vaccine Mandate remains subject to a nationwide stay following a decision by the United States District Court for the Southern District of Georgia. 

 

As we approach January 10, the date OSHA will begin issuing citations for noncompliance with the requirements of the ETS, those employers with 100 or more employees need to be sure to review our E-blast which provided all the details necessary for full compliance. You can access that particular E-blast by clicking here. You can also contact Philip Siegel with compliance questions via e-mail by clicking here , or you can reach him directly at (404) 469-9197.

Tags:  COVID-19  LEGAL  OSHA 

PermalinkComments (0)
 

ROOF TALK: Roofing Contractors Keep Working in Peak Season Despits Sharp Spikes in Temperature, COVID-19

Posted By Western States Roofing Contractors Association, Monday, August 10, 2020

Courtesy of: RoofingContractor.com

Art Aisner & Chris Gray

 

Roofing contractors looking for any semblance of a “normal” summer season just can’t seem to catch a break. Just as they geared up for a busy summer after a spring slowdown spurred by the coronavirus outbreak, spikes in the potentially-deadly disease threatened a second wave of shutdowns in states with robust construction markets. 

Almost half of the country was adding cases at rates above their spring peaks by mid-July, including Alaska, Arizona, California, Georgia, Nevada and Texas. As of Aug. 10, the U.S. saw roughly 5 million cases — adding 54,590 cases from the previous day — and 161,284 deaths. In Florida alone, health officials reported the highest daily increase of COVID-19 deaths, seeing 9,194 new cases and 132 more deaths as of July 14.

Along with those increases, roofers also dealt with record heat. Triple digits were not uncommon in parts of the Deep South and Southwest, and high humidity in many areas made it worse. At one point last month, more than 70 million Americans from the shores of the Gulf Coast to the hills of the Mid-Atlantic were under excessive heat advisories. August is also shaping up to be hotter than average on both coasts.

When protecting workers during the heat, the Occupational Safety and Health Administration (OSHA) suggests the following:

•  Water, rest, shade. Workers should drink water every 15 minutes and take frequent rest breaks in shaded or air-conditioned areas.

•  Check the heat index. A rule of thumb is that workers need extra protection when the heat index is 80 degrees Fahrenheit or above.

•  Know the symptoms. Symptoms of heat-related illnesses include fatigue, thirst, heavy sweating, slurred speech, dizziness, nausea, unconsciousness and seizures.

 

Heat vs. COVID-19 Protection

The issue many roofing contractors are running into stems from trying to adhere to standard heat protocols while protecting against COVID-19 with face masks. In some states, wearing a mask is mandatory to help prevent the spread of the virus. Mandatory face coverings can be anything from a bandana to a cloth mask, though contractors can also utilize personal protective equipment (PPE) like N95 masks and respirators.

Studies have shown that, even when wearing PPE, people experienced raised body temperatures and feel warmer.

“You can’t really make the guys that are working on the roof wear masks because it’s so hot outside, and they’re drenched in sweat and they’re already breathing hard,” said Will Miller, owner of Priority Roofing in Dallas. “It’s like putting a mask on a marathon runner — that can make them pass out more than anything.”

COVID-19 is also hampering water intake, as contractors hesitate to frequently remove face masks to take a drink. Some employers are even eliminating communal aspects like water stations to maintain social distancing.

This puts contractors in a tough bind, forcing them to choose between protecting against the heat versus COVID-19. Trent Cotney, CEO of Cotney Construction Law, said his offices have experienced a notable increase in calls related to heat illness over the past month. He’s recommending roofers do their best to be compliant with COVID-19 safety protocols, but definitely mandate water breaks.

“Heat is an absolute killer,” he said. “What we surmised… is that these places that require mandatory masks, there’s a lot of crew people that are wearing these masks, and they may not be the proper types of masks, they may not be breathable. They’re increasing the ambient heat that is blowing back in your face.”

 

Contractors Supporting Their Communities

Despite these difficulties, roofing contractors are thinking outside of the box, both in business practices and in giving back to their communities.

Shamrock Roofing and Construction in Lenexa, Kan., expanded its “Roof 4 a Hero” contest to active first responders, meaning police, fire, EMT or healthcare workers could be entered to win a free roof.

“This year, given the COVID-19 pandemic, we have opened this opportunity up to first responders, who now more than ever are putting their lives on the line every day to serve our communities,” said Garen Armstrong, president of Shamrock Roofing.

In Warren, Maine, Horch Roofing dedicated $200 from every residential asphalt or metal roofing contract signed in June and July to the Good Shepherd Food Bank to bring food security to families. They hit and exceeded their $10,000 goal in July.

“We believe strongly in working with local organizations to end hunger and with the need growing daily, we felt that Good Shepherd, with its reach across the state, was the best way to get food to where it is needed the most,” said Horch President Peter Horch.

 

---

LEGAL  DISCLAIMER

All rights reserved.  All content (text, trademarks, illustrations, reports, photos, logos, graphics, files, designs, arrangements, etc.) in this Technical Opinion (“Opinion”) is the intellectual property of Western States Roofing Contractors Association (WSRCA) and is protected by the applicable protective laws governing intellectual property. The Opinion is intended for the exclusive use by its members as a feature of their membership. This document is intended to be used for educational purposes only, and no one should act or rely solely on any information contained in this Opinion as it is not a substitute for the advice of an attorney or construction engineer with specific project knowledge. Neither WSRCA nor any of its, contractors, subcontractors, or any of their employees, directors, officers, agents, or assigns make any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or any third party’s use (or the results of such use) of any information or process disclosed in the Opinion.  Reference herein to any general or specific commercial product, process or service does not necessarily constitute or imply its endorsement or recommendation by WSRCA. References are provided as citations and aids to help identify and locate other resources that may be of interest, and are not intended to state or imply that WSRCA sponsors, is affiliated or associated with, or is legally responsible for the content reflected in those resources. WSRCA has no control over those resources and the inclusion of any references does not necessarily imply the recommendation or endorsement of same.

Tags:  BUSINESS  COVID-19  SAFETY 

PermalinkComments (0)