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NCA’s Washington Weekly Update 1-18-22

Situational Awareness
The House and Senate are both in session this week. The Senate plans to take up consideration of voting legislation passed by the House last week and may consider judicial and administration nominations. The House plans to vote on legislation to automatically enroll veterans in the Veterans Affairs health care system.v

OSHA ETS RSCOTUS Scuttles OSHA Employer Vaccine Mandate
Last week the Supreme Court of the United States (SCOTUS) reinstated the judicial stay on the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) requiring vaccination or testing for employees of businesses with 100 or more employees. The 6-3 ruling places the ETS on ice until litigation on the matter is settled in the 6th Circuit Court of Appeals. Should the 6th Circuit rule in favor of OSHA on the merits, the SCOTUS ruling issued last week would remain in effect until the high court has adjudicated the matter. With legal wrangling expected to take months to complete, it appears the stay is likely to doom the ETS from ever coming into force, though the legal precedent is an important one given its implications for the limits of administrative authority absent legislation from Congress.

NCA Webcast Looks at Employer Issues Ahead
On behalf of the National Club Association (NCA) staff, I’d like to wish all Washington Weekly Update readers a healthy Last week, NCA joined other members of the Coalition for Workplace Safety in requesting the Occupational Safety and Health Administration (OSHA) to grant an additional extension of 30 days to file comments on its advanced notice of proposed rulemaking (ANPRM) on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The current deadline for comments to the ANPRM is January 26, 2022. The letter requests an additional 30 days to provide stakeholders time to draft thoughtful responses to over 100 questions posed by the agency. You can see a copy of the letter here.

Protecting Member Data
NCA will host an extremely valuable webcast on Thursday, Jan. 20, at 2pm ET on a topic that is gaining increased oversight, cybersecurity. This session will focus on a combination of cybersecurity measures deployed by clubs across the country and will discuss how outsourced IT organizations can work with the club auditors to strengthen and enhance cybersecurity measures. NCA members can register for free here.

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