Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

COVID-19 Vaccine Mandate On Hold

An emergency COVID-19 vaccine/testing rule from OSHA has been put on hold by an appeals court in the face of multiple legal challenges, while it appears that many truck drivers could be exempt.

Deborah Lockridge
Deborah LockridgeEditor and Associate Publisher
Read Deborah's Posts
November 8, 2021
COVID-19 Vaccine Mandate On Hold

Solo truck drivers may be exempt from new COVID-19 vaccination and testing rules.

Photo: U.S. Secretary of Defense, CC BY 2.0 via Wikimedia Commons

3 min to read


An emergency COVID-19 vaccine/testing rule from OSHA has been put on hold, at least temporarily, by an appeals court in the face of multiple legal challenges, while it appears that many truck drivers could be exempt.

The Department of Labor’s Occupational Safety and Health Administration on Nov. 4 announced the details of an emergency temporary standard, or ETS, requiring employers with 100 or more employees to ensure workers are fully vaccinated or are tested for COVID-19 on at least a weekly basis, with a deadline of Jan. 4.

Ad Loading...

Trucking and truck drivers are not exempted specifically from the order. However, it appears there are a combination of exemptions in the ETS that could exempt many drivers.

An email alert from the trucking attorneys at Scopelitis, Garvin, Light, Hanson & Feary said that “after the rule was released, the Secretary of Labor indicated his view that most truck drivers would not be covered by the ETS.”

ATA and the Truckload Carriers Association also let members know about the comment made late Thursday night by Secretary of Labor Marty Walsh in a TV interview: “If you're a truck driver and you’re outside, you're in a cab driving by yourself, this doesn't impact you. If you're a worker outside working in the area, this doesn’t impact you.”

Ad Loading...

It seems likely, however, that team drivers, or drivers who interact with people in buildings at destinations or starting points would still be subject to the requirements for being vaccinated or tested weekly as well as mask-wearing for the unvaccinated. It's possible that drivers who need to come in for in-person training could need to be tested ahead of that activity as well as wear masks.

In a Nov. 5 news release, ATA President and CEO Chris Spear said, “As we made clear in our comments to the administration prior to the rule’s publication, drivers spend the vast majority of their workday alone in the cab and outside. The rule published yesterday exempts employees who exclusively work outdoors or remotely and have minimal contact with others indoors, and all indications thus far from the Department of Labor suggest this exemption does apply to the commercial truck driver population….

“We continue to believe OSHA is using extraordinary authority unwisely, applying it across all industries at an arbitrary threshold of 100 employees that fails to factor in actual risks. We are weighing all options of recourse to ensure every segment of our industry’s workforce is shielded from the unintended consequences of this misguided mandate.”

There already are a number of lawsuits that have been filed to stop the OSHA vaccine/testing mandate. More than half of the states have filed suit, including three Democrat-led states along with 23 Republican-led states, according to the Wall Street Journal.

The U.S. Court of Appeals for the Fifth Circuit on Saturday, Nov. 6, issued a temporary stay, citing “grave statutory and constitutional concerns” in its brief order. The court called for accelerated briefing on why a permanent injunction should not be granted, with the government’s brief due Monday, Nov. 8.

Ad Loading...

There are multiple challenges in other federal courts of appeals seeking a temporary injunction, according to an email alert from the trucking attorneys at Scopelitis, Garvin, Light, Hanson & Feary. It expects that the Judicial Panel on Multidistrict Litigation will randomly select a federal court of appeals in which to consolidate the cases. It is possible that court could lift stays previously issued, like the one from the Fifth Circuit.

More Safety & Compliance

Red Kodiak-branded autonomous tractor with Charger-branded trailer backed up to warehouse
Fleet Management•October 30, 2026

Kodiak Lines Up Fleets for Driverless Trucking

An agreement for 75 trucks, a new Texas freight lane, and progress on safety validation move Kodiak closer to its planned driverless highway launch.

Read More →
YouTube thumbnail showing man being interviewed and backup camera and in-cab screen showing backup video
Safety & Compliance•by Deborah Lockridge•October 23, 2026

More Trailer Data Through the Same Seven-Way [Video]

Can trucking’s standard seven-way connector handle more cameras and trailer data? Grote’s Adam Slade shows HDT how the company is using new technology with its 4See trailer system, not only to add a new backup camera but also to expand other capabilities — without adding another connection.

Read More →
Screen capture showing PrePass Intelligence data on tolls
Fleet Management•by News/Media Release•October 21, 2026

PrePass Intelligence Mines Fleet Bypass, Toll and Safety Data

PrePass Intelligence helps fleets measure bypass savings, flag potential toll overcharges, and spot suspicious transactions by combining data from separate systems.

Read More →
Ad Loading...
View of the crash scene with the crash location, high- and low-speed lanes, direction of travel, gore area, and concrete barrier annotated
Safety & Compliance•by Staff•October 16, 2026

Fatal Crash Exposes Toll Plaza Risks

An NTSB investigation found that last-minute lane changes and large speed differences at an Ohio toll plaza created a hazard the truck driver couldn't avoid in time.

Read More →
Man with police badge on his arm by an open commercial truck door examining paperwork
Safety & Compliance•October 15, 2026

When Language Stops the Truck: The Return of ELP Out-of-Service Orders

English language proficiency rules for commercial drivers aren’t new, but renewed out-of-service enforcement has raised the stakes. Here’s what carriers need to know before a driver reaches a roadside inspection.

Read More →
A man standing at the driver entrance of a blue work truck.
Sponsored•October 6, 2026

A Camera Isn't a Safety Program. Here's What Brokers Are Screening for Now

Footage alone may not be enough to pass broker vetting processes. Here's what counts as a defensible safety program now.

Read More →
Ad Loading...
Cover Feature graphic showing various forms of cannabis/marijuana products
Safety & Compliance•by Deborah Lockridge•October 5, 2026

Marijuana and Trucking’s Drug-Testing Dilemma

Marijuana is getting stronger, laws are changing, and drug tests still can’t reliably establish impairment. What does that mean for truck drivers and the fleets that employ them?

Read More →
Kodiak tractor-trailer on highway with insets of a weigh station sign and inside of a weigh station control room
Safety & Compliance•by News/Media Release•September 21, 2026

PrePass, Kodiak Connect Driverless Trucks to Roadside Enforcement

The system will allow enforcement agencies to verify Enhanced Inspection information and decide whether Kodiak’s autonomous trucks can bypass roadside screening sites.

Read More →
Photo of smiling truck driver Harold Perry with arms crossed in front of Southeastern Freight Lines truck
Drivers•September 17, 2026

From One Generation to the Next: How Mentorship Builds Safer Truck Drivers

After three decades in trucking, Harold Perry shares what he's learned about driver safety, mentorship, and helping the next generation build confidence behind the wheel.

Read More →
Ad Loading...
Mobile tablet showing Motus screen against highway background with Motus logo
Fleet Management•by Staff•September 15, 2026

FMCSA Pauses Biennial-Update Enforcement Amid Motus Transition

Carriers whose updates were due on or after June 1 have more time, while FMCSA works to stabilize its new registration system and warns of phishing sites impersonating its new carrier registration system, Motus.

Read More →