Update On Biden Administration's Vaccine Mandate

Words: Jeff Buczkiewicz

UPDATE 11/23/2021: We are waiting on a ruling from the Sixth Circuit Court. In the event they decide to agree with the Fifth Circuit and continue to stay the rule, we will keep monitoring the situation. Should the Sixth Circuit Court decide to enforce the rule, the MCAA will be providing Vaccination and Regular Testing Policies for our members.

A three-judge panel upheld the stay of the Vaccination Mandate issued by OSHA a week ago. The three-judge panel cited irreparable harm if it were not held up and the rule was eventually overturned. The panel also felt the rule had a good chance of being overruled as there were concerns about the administration doing a 180 from its previous determination on both vaccines and on why an ETS was not necessary without giving a detailed explanation for the flip flop.

In addition, the panel was concerned about the constitutionality authority under the Commerce Clause and threatens states’ power under the 10th amendment. The court further notes that the ETS is noneconomic activity, which means it falls within the States’ powers. They also noted they did not feel OSHA had the authority to create such a mandate. Likely the rule will be appealed to a full appellate court. If that court concurs, it will likely be headed for the Supreme Court.

Stay tuned for additional updates.

Making Old Brickwork Look New Again
September 2026

Brickwork is built to last, but mortar isn’t. Over time, exposure to moisture, freeze-thaw cycles, and everyday wear causes joints to crack, crumble, and even recede. What starts as a cosmetic issue can quickly turn into a structural concern if left unadd

Why Joint Profiles Matter In Masonry Restoration
September 2026

For generations, masonry structures have been defined not only by the brick, block, or stone used in construction, but also by the mortar joints that tie everything together. Whether restoring a historic brick facade, repairing natural stone veneer, or re

Designed for the Way Contractors Work Today
September 2026

Every piece of equipment tells a story about the challenges contractors face. For more than 30 years, the EZG Manufacturing team has listened to those stories—through customer relationships, job site visits, dealer feedback, a

Chemicals In Masonry
September 2026

Mason contractors must deal with chemicals on the job site. One of the main ones comes in the form of dust. Another is acid. From high-rise commercial structures to residential facades, masonry work involves handling raw materials that require careful man