News & Analysis as of September 23, 2024

Occupational Safety and Health Administration › Multidistrict Litigation

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The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

The Federal COVID-19 Vaccine Mandates Are Barely Hanging On

Bass, Berry & Sims PLC on 1/31/2022

The vaccine mandates President Biden announced on September 9 have not aged well. Two are enjoined nationwide and a skeptical Supreme Court so undermined one that the government withdrew it, at least for the immediate future....more

Upcoming Events and Deadlines for OSHA Large Employer ETS ‎

Schwabe, Williamson & Wyatt PC on 1/6/2022

There are several upcoming events and deadlines that are relevant to the Occupational Safety and Health Administration’s (“OSHA”) “large employer” emergency temporary standard (the “ETS”), which require businesses with 100 or...more

OSHA Vaccine Mandate: Time for Employers to Prepare

Davis Wright Tremaine LLP on 12/24/2021

OSHA's Vaccination and Testing Emergency Temporary Standard (ETS) is back in effect following a ruling by the 6th Circuit Court of Appeals on Friday, December 17. At its core, the ETS requires private employers with 100 or...more

Private Employer Vaccine Mandate Moves Forward as Sixth Circuit Dissolves Fifth Circuit’s OSHA ETS Stay

Dickinson Wright on 12/24/2021

On December 17, 2021, the United States Court of Appeals for the Sixth Circuit, which was chosen via lottery as the federal appellate court to decide whether the OSHA ETS, i.e., the private employer vaccine mandate, would go...more

Supreme Court Sets Oral Argument on Requests to Stay the OSHA Vaccine Mandate ETS

BakerHostetler on 12/24/2021

In the continuing saga of whether the Occupational Safety and Health Administration’s (OSHA) “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (ETS) is legal, the U.S. Supreme Court is set to weigh in on an...more

OSHA's "Vaccine or Test" ETS Reinstated: Next Steps Explained

Baker Donelson on 12/24/2021

On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay previously placed on OSHA's "Vaccine or Test" ETS by the Fifth Circuit. As we summarized in our previous alerts, the ETS was published on November 5,...more

Supreme Court Set to Hear Oral Argument on OSHA Vaccine Rule – What Will This Mean for Government Contractors?

Stinson - Government Contracting Matters on 12/24/2021

In the latest round of litigation on the rules being rolled out to implement the Biden Administration’s Path Out of the Pandemic, the Supreme Court signed orders yesterday to hold oral argument on January 7th, 2022 on the...more

Supreme Court to Hear Arguments on Two Federal Vaccine Mandates

Robinson+Cole Manufacturing Law Blog on 12/23/2021

On December 21, 2021, the U.S. Supreme Court took its first step into the fray over federal vaccine mandates. As we have previously posted, legal challenges to the Biden administration’s various vaccine mandates have been...more

And They’re Back: Sixth Circuit Lifts Stay on OSHA’s ETS Regarding Mandatory Vaccination or Testing

Franczek P.C. on 12/22/2021

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay of the Occupational Safety and Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) which had previously been halted by the...more

If the Government Contractor Vaccine Mandate Doesn’t Get You, the OSHA ETS Might

Bass, Berry & Sims PLC on 12/22/2021

In the past few days, there have been multiple developments in the legal challenges to the various vaccine mandates, one in favor of a mandate, one against. In addition, the first vaccine mandate challenge has now reached the...more

Litigation Update: OSHA Emergency Temporary Standard for Employee COVID-19 Vaccination and Testing is Back in Effect

Burr & Forman on 12/22/2021

On December 17, 2021, a 2-1 ruling from a three-judge panel of the Sixth Circuit Court of Appeals lifted a stay on the Occupational Safety and Health Administration’s COVID-19 vaccination and testing Emergency Temporary...more

Sixth Circuit Lifts Stay on OSHA’s Vaccine-or-Test Rule, Putting ETS Requirements Back in Effect

Dorsey & Whitney LLP on 12/21/2021

On December 17, 2021, a three-judge panel for the Sixth Circuit Court of Appeals (with one judge dissenting) lifted the nationwide temporary stay of the Occupational Health and Safety Administration’s (OSHA) Emergency...more

UPDATE: OSHA Test or Vaccine Rule is Back On...For Now

Williams Mullen on 12/21/2021

On Friday, December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay on implementation and enforcement of the OSHA Emergency Temporary Standard (ETS) that was previously issued by the Court of Appeals...more

The Rollercoaster Continues to Roll: Federal Vaccine Mandates Back On?

Quarles & Brady LLP on 12/21/2021

We recently provided updates on the complex and unsettled legal landscape surrounding the various federal vaccine mandates in an FAQ, “Vaccination Mandates: The Latest on OSHA’s Emergency Temporary Standard, Other Mandatory...more

Breaking News: Court Lifts Stay on OSHA ETS Vaccine Mandate

Manatt, Phelps & Phillips, LLP on 12/21/2021

Late on Friday, December 17, 2021, the Court of Appeals for the Sixth Circuit ended the Fifth Circuit’s stay of OSHA’s COVID-19 vaccination and testing Emergency Temporary Standard (ETS), which applies to employers with 100+...more

Stay Lifted: OSHA Prepares to Enforce Its Vaccinate-or-Test ETS

Bodman on 12/20/2021

On Friday, December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay that previously barred the Occupational Safety and Health Administration (“OSHA”) from enforcing its Emergency Temporary Standard (“ETS”),...more

OSHA's Emergency Temporary Standard on COVID-19 Vaccination or Testing Is Back On (for Now)

Holland & Knight LLP on 12/20/2021

OSHA published an ETS on Nov. 5, 2021, that applies to employers in all workplaces that are under OSHA's authority and jurisdiction that have more than 100 employees companywide. The ETS requires, with certain exceptions,...more

Back to the Beginning -- 6th Circuit Lifts Stay on OSHA Vaccination Mandate

Whitman Legal Solutions, LLC on 12/20/2021

Just over a month ago, in “Vexations and Uncertainty in Workplace COVID-19 Vaccine Mandates, I discussed the ETS, which was effective on November 5, 2021. I also discussed the United States Court of Appeals for the Fifth...more

National COVID Vax Mandate Will Be In Effect January 10 – At Least for Now

CDF Labor Law LLP on 12/20/2021

On December 17, 2021, the Sixth Circuit Court of Appeals granted the Biden administration’s Motion to Dissolve the stay on the Occupational Safety and Health Administration’s (Fed/OSHA) COVID-19 Vaccination and Testing...more

Vaccine Mandate Update for Employers: Happy Holidays and Now What?

Butler Snow LLP on 12/20/2021

After a wild weekend following some headline-grabbing court rulings, employers are heading into the holidays wondering what on earth is going on with workplace COVID-19 vaccine requirements. While clarity remains elusive, our...more

OSHA's COVID-19 Mandate Reinstated by Sixth Circuit

FordHarrison on 12/20/2021

Late Friday, December 17, 2021, the 6th U.S. Circuit Court of Appeals granted the government’s motion to lift the stay on the OSHA COVID-19 mandate imposed by the Fifth Circuit on November 6, 2021....more

Stay of OSHA Emergency Temporary Standard Lifted By Sixth Circuit – “All Systems Go,” For Now…

Polsinelli on 12/20/2021

A divided panel of the United States Court of Appeals for the Sixth Circuit lifted the stay on the Occupational Safety and Health Association’s Emergency Temporary Standard (“OSHA ETS”) late Friday night (December 17, 2021)....more

Friday Night Fights – What Just Happened to the OSHA and Federal Contractor Vaccine Mandates?

Littler on 12/20/2021

On the evening of December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the federal Occupational Safety and Health Administration (OSHA) COVID-19 Emergency Temporary Standard...more

Sixth Circuit Revives OSHA COVID-19 Emergency Temporary Standard

Robinson+Cole Environmental Law + on 12/20/2021

On Friday, the U.S. Court of Appeals for the Sixth Circuit lifted a stay of OSHA’s Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for employers with 100 or more employees. As we previously posted, the...more

Sixth Circuit Panel Dissolves Stay of OSHA Vaccine/Testing Mandate

Proskauer - Law and the Workplace on 12/20/2021

On December 17, 2021, the Sixth Circuit Court of Appeals, in a 2-1 decision, dissolved the stay previously placed on OSHA’s Emergency Temporary Standard (“ETS”) by the Fifth Circuit. The ETS mandates employers with 100 or...more

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