Home / News / Auto Care Blog / Executive Update / Post
January 14, 2022

Auto Care Submits Comments to OSHA Regarding Impact of COVID-19 Vaccine and Testing Mandate on its Members

by Camille Sheehan

On Jan. 13, the United States Supreme Court issued a stay on implementation of the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) that was promulgated by the Occupational Safety and Health Administration (OSHA) on Nov. 5, 2021. The ruling halts for the time being enforcement of OSHA’s ETS requirement that companies with 100 or more employees ensure that their entire workforce is either vaccinated against the COVID-19 virus or testing on a weekly basis.

Prior to the Supreme Court ruling, the Auto Care Association submitted comments to the Occupational Safety and Health Administration (OSHA) regarding the impact of COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) on Auto Care Association members. The association cited the fact that many members have implemented programs to strongly encourage vaccination by their employees. However, Auto Care warned that notwithstanding these efforts, members report that a sizeable number of employees refuse to be vaccinated and many are likely to resign if the mandate is put in place. “There is little doubt that the mandate will place a significant strain on our member’s businesses, that already experiencing a tight labor market and significant supply chain issues,” the association warned.

Auto Care further cited the burden on members for testing employees in order to comply with the ETS. While the ETS does not require companies pay for the testing of their employees, the association stated that “the need to retain their workforce and the likelihood that many employees will continue to refuse to be vaccinated realistically means that these companies will be forced to pay for testing in order to retain their workers and minimize disruptions to their operations, no matter what the ETS states.”

Auto Care also urged OSHA to revise guidance that required companies to count all employees in a company in meeting the 100 person threshold “The decision to count all employees in a company ignores the fact that compliance with the ETS will be felt by companies at the local level since it is the people on the ground at each facility that will be forced to contend with the vaccination verification requirements, as well as the administration of the weekly testing mandate.” The association urged OSHA to issue guidance such that ETS compliance be applicable based on numbers of employees at each location rather that the total number of employees at an entire company.

It should be noted that the stay recently issued by the Supreme Court is pending the outcome of a decision on the merits by the Sixth Circuit and any subsequent petition for review of that decision to the Supreme Court. However, the Court’s majority stated in its ruling that it does not believe OSHA has the authority to issue the standard, making it unlikely, but not impossible for the ETS to be reinstated.

The Supreme Court ruling can be found here. The Auto Care Association’s comments submitted to OSHA can be viewed here.



Important updates from the Auto Care Association leadership team and Board of Directors.

More posts
Latest related


  • 2021 Auto Care Advocacy Report
    March 24, 2022
    Advocacy is essential, and by adding your voice, our impact adds up. This report details our 2021 efforts across all three facets of advocacy: grassroots, lobbying and PAC. However, in order to be effective, we must have your support and engagement. The 2021 Advocacy Report details ways you can get involved - and we made it as easy as 1, 2, 3.
  • [WATCH] Driver Behavior Trends and Their Impact on Parts and Service Opportunities
    March 17, 2022
    This webinar analyzes driving behavior at the national, state, and local levels. Gain insights into: consumer behavior; driving patterns; and potential impacts on parts replacement, service and repair scheduling, vehicle age, and the car parc.
  • [WATCH] 2022 Business Outlook: Top Emerging Opportunities and Challenges
    February 4, 2022
    This webinar explores need-to-know emerging opportunities and challenges for the coming year: current status of supply chain issues and what to expect in the year ahead and more.