National Association of Home Builders Chief Executive Officer Jerry Howard and Associated Builders and Contractors Vice President of Health, Safety, Environment and Workforce Development Greg Sizemore issued the following joint statement today on the D.C. Circuit Court's decision to reject a lawsuit brought by the AFL-CIO to compel the Occupational Health and Safety Administration to issue an "emergency temporary standard" for infectious diseases/COVID-19:

"We applaud the D.C. Circuit's decision, which affirms that OSHA's comprehensive response to the COVID-19 outbreak currently eliminates the need for an emergency temporary standard for infectious diseases and COVID-19 covering all employees. The government is learning new information about COVID-19 and how best to mitigate related hazards on an almost daily and sometimes even hourly basis, which is why a static, intransigent rule would not be an appropriate response. OSHA's resources are better deployed by developing timely and situational specific guidance documents, which can be adjusted and adapted as the agency and public health authorities better understand the pandemic.

"In the construction sector, even without a COVID-19 outbreak, safety and health is always our No. 1 priority. As representatives of residential, nonresidential and industrial construction contractors across the country, we remain committed to collaborating with state and local health officials, as well as across market sectors, to diligently identify and implement new health and safety protocols on our jobsites to protect construction employees amid the COVID-19 outbreak."