News Briefs: March 2023

by | Mar 1, 2023

Vaccine Mandate Is Unmandated

Government contractors in Louisiana, Mississippi and Indiana can’t be forced to comply with the Biden administration’s COVID-19 vaccine mandate for federal contractors, according to a recent federal court ruling.

The three states alleged that the president overreached his authority by issuing the order, while the government argued that he had broad statutory authority to issue policies that “provide the Federal Government with an economical and efficient system” of contractor operations under the Procurement Act. The states countered that limits need to be applied to the principle.

The 5th Circuit Court of Appeals voted 2–1 to uphold a U.S. district court’s decision to block the September 2021 mandate, agreeing that the government’s “closed nexus” unlawfully gives the president “nearly unlimited authority” to impose requirements on federal contractors.

Further, the court rejected the idea that force majeure under COVID-19 provided the president with special powers to levy what would otherwise be unlawful orders.

In a dissenting opinion, Justice James Graves said the vaccine mandate is “in the mainstream” of what American businesses are doing in response to the pandemic.

Let ICC and IREC Be Your Guide

A new reference guide for energy storage systems (ESS) technologies is now available on the Interstate Renewable Energy Council’s (IREC) Clean Energy Clearinghouse resources page. “Energy Storage Systems: Based on the IBC, IFC, IRC and NEC” was released by the International Code Council in collaboration with IREC; building officials, emergency services, planners, architects and engineers were consulted during development.

The guide covers a variety of ESS technologies, including:
Utility-scale and large commercial-scale ESS projects
Residential and small commercial-scale ESS projects
Fire and explosion risk in battery-based ESS
Key standards for ESS equipment and installations
Applicable codes
Reviewing and inspecting techniques for ESS

Find the guide in full at tinyurl.com/5b5hw3fe.

Author

  • Construction Executive

    Construction Executive, an award-winning magazine published by Associated Builders and Contractors, is the leading source for news, market developments and business issues impacting the construction industry. CE helps its more than 50,000 print readers understand and manage risk, technology, economics, legal challenges and more to run more profitable and productive businesses.

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