NECA Awaits Official Release of OSHA Vaccine Mandate

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Vaccine Mandate OSHA ETS Imminent

NECA’s Legal and Government Affairs teams are working together to closely track both the Biden Administration Executive Orders and the forthcoming OSHA ETS on COVID-19 vaccination mandates and testing. This is a fast-moving process and will not be clear until the ETS comes out and some of the dust settles on the federal EO.

Here are some key updates on what NECA is doing to address industry concerns:

NECA requested and was granted a stakeholder meeting on October 19, 2021, with OIRA on the OSHA ETS rule making. NECA was represented by NECA General Counsel Jef Fagan, Marco Giamberardino, James Farrell, Jared Karbowsky and Eric Conn and Kathryn McMahon from Conn Maciel Carey LLP, NECA’s OSHA advisors. We were able to push NECA’s positions on the rule making during the 30-minute presentation.
NECA joined the Employers COVID-19 Prevention Coalition spearheaded by Conn Maciel Carey LLP and has submitted comments to the rule making. The coalition had its own stakeholders meeting with OIRA on October 19.
Jef Fagan and Marco Giamberardino presented at the NECA Convention the latest on the EOs and the ETS in Nashville, TN.

We are observing and hearing two different scenarios about timing for the ETS. Tomorrow or any day next week is still a possibility for release. However, we have also been hearing from those close to the Administration, like the former No. 1 and No. 2 at OSHA during the Obama Administration—David Michaels and Jordan Barab—in interviews and on social media that we will see the rule “in the next couple of weeks.” Similarly, Deputy Secretary of Labor Julie Su said in an interview this weekend that the ETS was expected to be finalized in the next few weeks. It is also possible that the rule has been sent back to OSHA for more work. We are continuing to pay close attention to all the places where we might first hear that the rule is finalized and will let you all know as soon as we see it. In addition, we are expecting several states to issue legal challenges immediately when the ETS is issued.

Please be sure to keep an eye out for NECA alerts and please refer to the NECA website for timely updates.

In addition, our OSHA advisors regularly post updates on their website here.

If you have any questions, please reach out to either Marco Giamberardino or Jef Fagan.

Supply Chain Issues Continue

This week, the House Small Business Subcommittee on Oversight, Investigations, and Regulations held a hearing titled “Global Supply Chains and Small Business Trade Challenges.” The hearing covered the current supply chain issues, impacts they are having on small businesses, and what Congress could do to solve these issues. There will likely be more hearings in both the House and the Senate in the coming months as well as introduced legislation to strengthen supply chain resiliency. The Administration has already taken action by putting together a task force and opening select ports 24/7. NECA will continue to monitor the situation and its impacts on our industry.

Administration Eyes Offshore Windfarm Expansion

The U.S. Department of the Interior released an outline of the Offshore Wind Leasing Strategy to meet the Administration’s goal of offshore wind energy expansion. Oregon, along with California, the Gulf coast, and a large stretch of the East Coast, are the targeted locations. On Thursday, October 21, the House Energy and Commerce Subcommittee on Energy held a hearing on "Offshore Wind, Onshore Wind Energy Industry." The Committee discussed what role the Federal Government can do to assist in the new offshore wind industry and work with private partners to encourage its development.

Spotlight: NECAPAC Breaks Convention Records!

NECA Convention 2021 has been our most record-breaking year for NECAPAC fundraising! We raised almost double from previous Conventions. Thank you to everyone for stopping by our booth and contributing to NECAPAC!

ICYMI: Below are the fundraising stats from Convention:

Total Raised: $300,702

Contributors: 207 Contributors

PLC Renewals: 33

New PLCs: 9

Chapter Goals Met @ Convention: 11

NEW Government Affairs Advocate Companies/Chapters: 2