Federal Appeals Court Temporarily Blocks OSHA Vaccination Mandate

On Saturday, the U.S. Court of Appeals for the Fifth Circuit put a temporary hold on the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccination and testing mandate for private employers following legal petitions from several states and advocacy groups. Last week, OSHA issued a new emergency temporary standard (ETS) requiring employers with 100 or more employees to ensure employees are vaccinated against COVID-19 or comply with an alternative weekly testing requirement. 
The Court cited potential "grave statutory and constitutional issues" as the reason for issuing the temporary hold and will now decide on whether a permanent injunction is warranted. The Court is asking the Biden administration to provide an expedited reply to the motion for a permanent injunction by the end of today, followed by a petitioners' reply on Tuesday. At this time, it remains unclear how any legal action will impact the future of the ETS but WDMA will be sure to keep members updated on the latest developments.  

Upcoming Webinar: How to Comply with OSHA's New Vaccine or Test Mandate

WDMA counsel, Foley & Lardner, will be holding webinar next week presented by the firm’s Labor & Employment Practice, which will be an in-depth and interactive panel discussion that will guide employers through the requirements of the new OSHA vaccination mandate, including which employers and employees are subject to the mandate, the testing option and its requirements, timing, written policies and record-keeping, accommodation obligations, and potential penalties.
The webinar is free for WDMA members.

OSHA Publishes Vaccination & Testing Standard for Employers with 100+ Employees

Today, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a new emergency temporary standard (ETS) requiring employers with 100 or more employees to ensure employees are vaccinated against COVID-19 or comply with an alternative weekly testing requirement. OSHA was directed to develop the ETS by President Biden on September 9. The action also initiates a more formal rule making on OSHA COVID-19 vaccination requirements. 

Click here for the full text of the Emergency Temporary Standard
Click here for a fact sheet on the Emergency Temporary Standard

Under this standard, covered employers must develop, implement and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to choose to either be vaccinated or undergo regular COVID-19 testing and wear a face covering at work.
The ETS also requires employers to do the following:
  • Vaccination Status Requirement: Determine the vaccination status of each employee, obtain acceptable proof of vaccination status from vaccinated employees and maintain records and a roster of each employee’s vaccination status.
  • Pay Employees for the Time it takes to Get Vaccinated: All covered employers are required to provide paid-time for their employees to get vaccinated and, if needed, sick leave to recover from side effects experienced that keep them from working.
  • Requirements when employee tests positive for COVID-19: Require employees to provide prompt notice when they test positive for COVID-19 or receive a COVID-19 diagnosis. Employers must then remove the employee from the workplace, regardless of vaccination status; employers must not allow them to return to work until they meet required criteria.
  • Require weekly testing for employees not vaccinated for COVID-19: Ensure each worker who is not fully vaccinated is tested for COVID-19 at least weekly (if the worker is in the workplace at least once a week) or within 7 days before returning to work (if the worker is away from the workplace for a week or longer).
  • Require masks for unvaccinated employees: Ensure that, in most circumstances, each employee who has not been fully vaccinated wears a face covering when indoors or when occupying a vehicle with another person for work purposes.
It is important to note that the requirements of the ETS do not apply to:
  • Employees who do not report to a workplace where other individuals are present;
  • Employees while working from home;
  • Employees who work exclusively outdoors.
The emergency temporary standard does not require employers to pay for testing. Employers may be required to pay for testing to comply with other laws, regulations, collective bargaining agreements, or other collectively negotiated agreements. Employers are also not required to pay for face coverings.

OSHA is offering compliance assistance to help businesses implement the standard, including a webinar, frequently asked questions and other compliance materials.

Employers must comply with most requirements within 30 days of publication and with testing requirements within 60 days of publication, which is expected tomorrow. 

WDMA and its Safety & Risk Management Committee are reviewing the ETS and will be responding to OSHA accordingly during the formal rulemaking process.  For any further questions, please contact Jeff Inks at [email protected] or Kevin McKenney at [email protected].  

DOL Submits Draft ETS on COVID-19 Vaccination Mandate for Regulatory Review

Last night, the Department of Labor (DOL) submitted a draft version of a federal Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing requirements to the Office of Management and Budget (OMB) for regulatory review.  The text of the ETS will be reviewed by OMB and is expected to be published in the Federal Register shortly.  Once published, the ETS is expected to go into effect immediately. OMB is required by statute to review all Executive Branch regulations before final publication.
On Sept. 9, President Biden directed the Occupational Safety and Health Administration (OSHA) to develop an ETS to require employers with 100+ employees to ensure that all employees are vaccinated against COVID-19 or produce a negative test result on a weekly basis before coming to work.
At this time, the draft text of the ETS has not been made public. WDMA and its Safety & Risk Management Committee are closely tracking the status of the ETS and will update members accordingly once the text of the ETS becomes available. 
For any further questions, please contact Jeff Inks at [email protected] or Kevin McKenney at [email protected].   

OSHA and WDMA Discuss New Employer Requirements on COVID-19 Vaccinations

On Friday, September 10, WDMA was asked by senior staff at the Occupational Safety and Health Administration (OSHA) to participate in a high-level briefing regarding the recent announcement that employers with 100+ employees will be required to ensure that all employees are vaccinated against COVID-19 or require weekly COVID tests. This will take the form of an Emergency Temporary Standard (ETS) to be issued by OSHA.
OSHA shared several key details with WDMA regarding the timing of the ETS, opportunities for stakeholder input, and others. Below is a summary:
  • OSHA plans to issue the ETS in the coming weeks, ranging from 2 to 8 weeks. There is currently no precise date or a more narrow timeframe;
  • The ETS will be made effective immediately when published by OSHA;
  • OSHA will provide stakeholders the opportunity to provide input after the ETS is issued and made effective;
  • The 100 employee threshold will apply to the employee count and not a single worksite;
  • The testing/vaccination requirement will not apply to employees working remotely or employees who are physically isolated from co-workers.
WDMA will work with senior staff at OSHA to ensure that any requirements from OSHA will be workable for this industry. WDMA will share additional information as it becomes available. For questions, contact Kevin McKenney at [email protected] 

White House Announces Employers with 100+ Employees Must Ensure All Workers Are Vaccinated

Late yesterday, the Biden Administration announced that the Occupational Safety and Health Administration (OSHA) will be issuing an Emergency Temporary Standard (ETS) that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work.

At this time, the ETS has not been issued by OSHA. It will go through an expedited review process and be published in the coming weeks. The ETS will go into effect shortly thereafter, with OSHA having the ability to fine businesses up to $14,000 per violation. It is also expected that the ETS, once issued, will be subject to legal challenges.

WDMA will be reviewing the ETS once issued by OSHA and will provide additional information to members as it becomes available. For questions, contact Kevin McKenney at [email protected].

New Canadian Formaldehyde Regulations to Harmonize with U.S. Requirements

[WASHINGTON, D.C] Following the recommendations of WDMA, on July 7, the Canadian Government released the “annexed rule” for Formaldehyde Emissions from Composite Wood Products Regulations, which revises its initial proposed rule to now harmonize U.S./Canadian regulations and establish a level playing field for manufacturers who operate in both the U.S. and Canadian markets. Through the concerted efforts of WDMA and other stakeholders, the Canadian Department of the Environment revised the regulations to align with the United States TSCA VI Rule in regards to emission levels, the scope of composite wood products that are covered under the rule and the method for and frequency of products testing.

While a thorough review of the annexed regulations is under way by WDMA staff and members of the WDMA National Architectural Door Council, the cursory review of the Rule appears to have satisfied most of the concerns raised by WDMA. According to the Canadian regulatory impact analysis, all efforts have been made to harmonize the Canadian regulations with the United States to the full extent possible. In addition, the regulations clearly indicate that products complying with the U.S regulations will be recognized as compliant with the Canadian Rule, provided the affixed labels are bilingual (in English and French). While there may be some minor administrative differences in the manner in which the Canadian government will implement these rules, most of the major concerns from WDMA have been satisfactorily addressed in the final ruling.

“We are pleased to see that the Canadian regulations have been revised to align to the extent possible with the regulations already in effect in the U.S.,” said Michael O’Brien, WDMA president and CEO. “In addition, knowing that the regulations specifically acknowledge that products that are compliant with the U.S. regulations will be deemed compliant with the Canadian regulations is a major win for all of our architectural wood door manufacturers who operate in both markets.”

Implementation of the Canadian regulations will go into effect December 7, 2022 (18 months from the publication in the Canadian Gazette) for all products scoped in the regulation, except for the provisions related to testing and certification of laminated products which will go into effect five years after the regulations are enforced. WDMA will continue to monitor these activities and provide updates as more information becomes available.

WDMA Releases 2021 U.S. Industry Market Study

[WASHINGTON, D.C] The Window & Door Manufacturers Association (WDMA) has released the WDMA 2021 U.S. Market Study for Window & Patio Door, Architectural and Entry Doors. This report provides market data and consumer insights needed to understand the industry's performance, key trends, and future direction. The report is based on extensive industry input for product shipments in 2020 and was prepared, researched and analyzed by The Farnsworth Group. In addition to analyzing the manufacturing data, the Farnsworth Group also conducted additional research to combine industry driver data and housing market data to reliably benchmark and forecast product shipments.
The 2021 market study report includes an analysis of the attitudinal drivers of homeowners and contractors, key macro drivers in the residential and commercial markets and special section focusing on the impact the pandemic had on new construction and the remodeling market place during 2020. This report delivers timely information on residential/light commercial window, patio door, residential entry door and interior architectural door market trends and product relationships; regional data, historic data from 2018 to 2019, and forecast data for 2021 through 2023.
Quick facts and key takeaways:
  • Total residential units shipped (windows, patio doors, entry doors) were up by 1 million over the level in 2019.
  • Though shipments of architectural interior flush door leaves declined by 9.7% in 2020, shipments of architectural interior stile and rail door leaves grew 2.8%.
  • Window shipments saw moderate growth in 2020 (particularly in Q3 & Q4) whereas sliding patio doors grew significantly and hinged patio doors dropped.
  • Housing starts (new construction) in 2020 were up 7% over new starts in 2019 and are trending towards the 60-year average of 1.43 million starts that have not been achieved since 2006.
Along with shipments and forecasting information, the study also presents topline national data and detailed product data for the housing stock, new projects, and non-residential construction to provide additional insights into the health of the construction industry as a whole. 
The complete study is available for purchase online in the WDMA online store in the Statistical Reports section for non-members. Individual market segments of the 2021 U.S. Market Study related specifically to windows/patio doors, entry doors and architectural doors are also available for purchase separately.

WDMA Recognizes Mark Mikkelson with the James Krahn Lifetime Achievement Award

[Washington, DC] Last week at the WDMA Technical and Manufacturing Conference, Mark Mikkelson, Director of Corporate Regulatory Affairs for the Andersen Corporation, joined a prestigious group of honorees to receive the James Krahn Lifetime Achievement Award. First given to James Krahn from Marvin, this award is given in recognition of those individuals who have devoted significant time, energy and effort toward creating and achieving the strategic initiatives of WDMA, and who are distinguished in their selflessness and vision for both WDMA and the industry as a whole. Mikkelson received the award for his many years of service to WDMA, where he currently serves as chair of the WDMA Regulatory Affairs Committee. In addition to his current association position, he has had other leadership roles on several of WDMA’s codes and standards committees, taking the lead on many initiatives to improve window performance and safety standards.

Mikkelson was presented the award by last year’s recipient, Steve Strawn, who had this to say about him, “This year’s recipient, like Mr. Krahn, can be very persistent when the right thing needs to get done. But then just being persistent is not enough. The challenge of persuading your competitors to make a change or to take a stand on an issue is difficult. Mark has great personal integrity and competency in knowing his subject matter. These traits have led to him earn the personal respect of his peers, and that is the true characteristic of a leader.”

Joining in the presentation of the award were Andersen Corporation’s Phil Donaldson, Executive Vice President and CFO, and Andrea Nordaune, Vice President and General Counsel, both of whom remarked on Mark’s tremendous efforts over the years advancing the legislative and regulatory policies that have enhanced the entire window and door industry.

“On behalf of all the WDMA members and staff, we’re grateful for Mark’s many contributions to WDMA and the industry. We congratulate him on this well-deserved honor,” said Michael O’Brien, WDMA President and CEO.

Recording Available: Housing & Economic Policy Discussion with Rep. Cindy Axne

On May 20 the Window and Door Manufacturers Association (WDMA) held a special policy webinar with Representative Cindy Axne of Iowa’s 3rd congressional district. During the discussion, Representative Axne touched on a number of key issues facing Congress including infrastructure legislation, housing policy, workforce development, and trade.

WDMA continuously looks to build working relationships with Congressional leaders and other partners to help facilitate members to seamlessly contact their representatives on the important issues impacting their companies and the industry as a whole.

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Member-Only Webinar: Housing & Economic Policy Discussion with Rep. Cindy Axne

Please join the Window & Door Manufacturers Association (WDMA) on Thursday, May 20 at 3:00p.m. ET/2:00p.m. CT for a special policy webinar with Rep. Cindy Axne (D-IA). Rep. Axne has served in Congress since 2019 and is a member of the House Financial Services Committee, which oversees the nation’s housing and financial systems. She currently sits on the Subcommittee on Housing, Community Development and Insurance as well as the Subcommittee on Investor Protection, Entrepreneurship and Capital Markets.

This webinar was previously scheduled for May 11. Individuals who were previously registered will receive an automated notice from our platform, and do not have to re-register. The webinar will be recorded if you cannot attend the new date.

Register today.

WDMA Launches New Website and Online Community

[Washington, DC] - The Window & Door Manufacturers Association announced the launch of its new website and online community. The all-new site provides a new streamlined online experience and new opportunities to engage in WDMA activities, events and programs.

Navigating the new layout will allow member companies and their employees to easily access member-only resources, find relevant advocacy, event, certification, standards and technical information quickly. The update to the WDMA website will also help keep our members connected with all the work of WDMA and its committees. With social networking support, simple tools for staying in touch, space for sharing documents and photos and resources to support committees, the new website was create to access the information you need quickly.

Members, and guests should have received and email notification in the afternoon instructing them on how to reset or create new credentials to log in to the new site.

Questions can be sent to staff at [email protected].

WDMA Announces New Leadership Team 2021

[Washington, DC] - The Window and Door Manufacturers Association (WDMA) is pleased to announce that its new leadership team was installed at the WDMA Board of Directors meeting on February 26. At the meeting, the Board elected Steve Tourek of Marvin as the association's 2021-2023 chair. Tourek replaces outgoing Chair Bob Lewis of Masonite International Corporation.

“When I was last elected to serve as Board Chair, our industry was facing the most difficult challenge imaginable: The Great Housing Recession. Today, as we begin to emerge from the shadow of COVID-19, our industry’s challenges are much different but nonetheless demanding: safely satisfying the increased demand for high quality, high performance windows and doors amidst the broader need for housing that is affordable,” said Tourek. “WDMA will have a leading role to play in navigating the industry’s changed operating environment and I’m privileged to be able to work with my fellow Board members, our talented staff and our dedicated volunteers in that collective effort.”

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WDMA Releases 2021 National Policy Agenda

[Washington, DC] - The Window & Door Manufacturers Association (WDMA) today released its 2021 WDMA National Policy Agenda. This comprehensive advocacy agenda outlines important policy priorities for the window, door, and skylight industry that will boost the housing and construction industry and support continued job creation in the vital U.S. manufacturing sector.

"With COVID-19 continuing its effects on the health of the public and the economy, it is crucial for Congress and the Biden administration to collaboratively advance legislation and policies that will facilitate economic recovery," said WDMA Chair Robert Lewis, Senior Vice President & General Counsel for Masonite International. "Window, door and skylight manufacturers remain vital to the building and housing industries, which are key to a thriving economy. The WDMA National Policy Agenda outlines policies that promote energy efficiency, robust housing and economic policy, fair trade practices and the elimination of excessive regulations, among others. This will ensure manufacturers are able to help fuel economic recovery and growth in 2021 and beyond."

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WDMA COVID-19 Coronavirus Resources

WDMA has compiled information for members regarding the coronavirus (COVID-19) outbreak with links to guidance and resources from the federal government to best prepare your company and employees to handle the novel coronavirus. WDMA will continue to communicate all relevant information from government agencies to members to ensure they are ready to respond. Click here to view resources.

Learn How WDMA Hallmark Certification is the Mark of Distinction

For more than 40 years, the WDMA Hallmark Certification Program has been the one product certification that provides dealers, builders, architects, and code officials with the promise of Total Product Performance. With 25 recognized primary standards, more than 175 material and component standards and follow-up quality audits, the WDMA Hallmark Certification Program represents the highest level of quality and is considered a mark of excellence in the industry. 

WDMA is committed to laying a stronger foundation for the industry, built on creating value and relevance for the residential and commercial window, door, and skylight professionals. Learn more by watching this short, informational video.