OSHA should model industry engagement on effort to craft the 2017 silica dust rule to design vaccine mandate that is enforceable—and realistic.

Rulemaking process starts Jan. 26, with industry groups applauding rescind but seeking more input on construction-specific regulations.

Attorneys tell court in Jan. 18 brief that mandate is legal under US procurement law to insure "economical and efficient" contracting, but Cincinnati appeals court panel rejected argument on Jan. 5, despite strong dissent from Chief Justice. That court also is weighing merits of OSHA vaccine rule for large contractors, not in effect now under new US Supreme Court order.

In emergency hearing Jan. 7, conservative justices indicated concerns with the Biden Administration's argument of legal authority to issue sweeping mandate.

Dec. 3 ruling in conservative court supports claim of unclear government authority, halting order only in Kentucky, Ohio and Tennessee; separately, Cincinnati court declines government request to accelerate appeal of halt to OSHA vaccine rule for large private employers, and NYC orders new mandate for all businesses.

Agency said it "remains confident in its authority" to issue emergency rule for large employers, but is complying with New Orleans appeals court-ordered halt of required employee vaccination or testing—as multiple lawsuits now are combined and case appears headed for the US Supreme Court; 60 major medical groups urge employers to implement vaccination rule voluntarily.

Government says OSHA enforcement is "unambiguous ... in addressing grave dangers to employees in the workplace," in rollout of COVID emergency temporary rule.

Parker's first big task: implementing expected standard mandating worker vaccination or testing for COVId-19.

Contractor group wants workplace definition changes, employer mandate liability and enforcement clarifications, among other things for federal contractors and large firms.

President Biden's vaccine mandate has left many businesses, including in construction, uncertain about what's next. But legal experts say there are ways to prepare.