Vaccine Mandate Stay Lifted



Yesterday evening, TCA learned that the Sixth Circuit had granted the Occupational Safety and Health Administration’s (OSHA) motion to lift the stay of the Emergency Temporary Standard (ETS) originally granted by the Fifth Circuit regarding the Biden Administration’s vaccine mandate pertaining to companies with over 100 employees.

While this news is disappointing, we remain committed to representing the needs of our industry and its drivers at a time when any potential negative impact to our fragile supply chain could have drastic repercussions to not only our industry, but the nation as a whole. As a result of this news, the next step in litigation is an immediate appeal to the U.S. Supreme Court in an effort to reinstate the stay order and ultimately reject the ETS.

In the meantime, OSHA has released the following guidance for its enforcement of the ETS and its corresponding time frame:

To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.

The critical significance of our industry to remain fully functional has never been more important to our nation than it is now. The essentiality of the professional truck driver, as demonstrated throughout this pandemic, cannot be overstated when it comes to delivering the needs of a country that is faced with transporting vital medical supplies, relief goods and the vaccine itself. To disrupt this process any further could be devastating to the citizens that have come to rely on our industry for their daily basics and emergency essentials to keep our nation strong.

TCA remains dedicated to fighting this ETS and working with the coalition to defeat this unnecessary standard and will continue to keep you updated as further information arises.

Thank you,

David Heller
Vice President, Government Affairs