Perhaps you caught wind of the emergency temporary standard developed by the Occupational Safety and Health Association that became effective on November 5, 2021. There have been many presentations about the ETS in various settings and with information from various sources. Of primary importance to each company represented by our readers is that on Friday, November 12, the U.S. Court of Appeals for the Fifth Circuit issued an order staying enforcement and implementation.

What this means: A CFA Consulting and Legacy Committee member, David Whitlock Esq., says 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 to a degree that will allow them to resume 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: Contractors found throughout the residential concrete industry are very likely unaffected by the original ETS. Companies with fewer than 100 employees within their corporate structure (employees who work exclusively outdoors are removed from that count) comprise most of this industry. However, both federal contractors and medical contractors will be required to comply with the ETS.