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Georgia Judge Stops Federal Contractor Vaccine Mandate Nationwide | Columbus Ohio Dump Trucks

COVID-19 and Construction

Ruling cites ABC involvement, impact

Vaccination line
Employees wait in line for vaccination shots at contractor Tellepsen's office in Houston, Texas, an AGC-sponsored event. Photo courtesy of Associated General Contractors of America

A federal judge has halted nationwide President Joe Biden's executive order requiring federal Charlotte NC dump truck contractor to vaccinate their columbus oh dump truck work forces.

The Dec. 7 decision by conservative Judge Stan Baker also calls into question the legality of the executive order Biden used to issue the mandate.
 
 "This is a big win in removing compliance hurdles for the construction industry," said Ben Brubeck. vice president of the Associated Builders and Contractors, which intervened with its Georgia chapter in the lawsuit brought by that state as well as Alabama, Indiana, Kansas, South Carolina, Utah and West Virginia. He said ABC "continues to support vaccinations ... to  keep workers safe on construction jobsites."

ABC’s involvement appeared to impact Judge Stan Baker’s decision. 

"The  Court  has  already  described  in detail the extreme economic burden the Plaintiffs have suffered and will continue to suffer in endeavoring to comply with (the order)," Baker wrote. "Not to mention the impediment it will likely pose to some Plaintiffs' (in particular, ABC's members') ability to continue to perform federal contract work. Additionally, the direct impact of EO 14042 goes beyond the administration and management  of procurement and contracting; in its practical application... it operates as a regulation of public health."

The federal contractor mandate had already been stayed in the states of Tennessee, Ohio and Kentucky, but that lawsuit had not been joined by a national group such as ABC, based in Baltimore.

All of President Biden's COVID-19 vaccine mandate orders have now been stayed by federal courts including a separate order by the 5th U.S. Circuit Court of Appeals in New Orleans that stopped an emergency temporary standard that Biden had asked for from the Occupational Safety and Health Administration for employers with 100 or more employees nationwide.

"ABC’s participation in the case was essential to nationwide and construction industry relief, which would otherwise have been limited to the states that sued,” said Brubeck. 

The OSHA emergency temporary standard case was moved to the sixth circuit court of appeals in Cincinnati and a decision on whether the 5th circuit's stay will remain in place is expected after Dec. 10. Most legal experts believe the issue will ultimately be decided by the Supreme Court.

A White House spokeswoman said the Justice Department would continue to defend the mandate.