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Supreme Court Will Hold Special Session on OSHA’s COVID-19 Vaccination and Testing ETS, as well as Healthcare CMS Vaccination...

Seyfarth Synopsis: On January 7, 2022, in an extraordinary open session, the Supreme Court will reconsider the dissolved stay of the OSHA ETS, as well as the injunctions blocking the CMS healthcare vaccination mandate in 25...more

OSHA’s COVID-19 Vaccination and Testing ETS Revived as Sixth Circuit Dissolves Stay

Seyfarth Synopsis: On December 17, 2021, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit dissolved its sister Fifth Circuit’s stay of the Occupational Safety and Health Administration’s COVID-19...more

Judge Blocks Federal Contractor COVID-19 Vaccine Mandate Nationwide

Seyfarth Synopsis: On December 7, 2021, United States District Judge for the Southern District of Georgia R. Stan Baker enjoined the government “during the pendency of this action or until further order of this Court, from...more

U.S. District Court Enjoins Federal Contractor COVID-19 Vaccine Mandate in Kentucky, Ohio, and Tennessee

In a November 30, 2021 opinion blocking the Biden Administration’s federal contractor COVID-19 vaccine mandate, Judge Gregory F. Van Tatenhove, U.S. District Judge for the Eastern District of Kentucky posed a “narrow”...more

Another Year In The Books – OSHA’s Top Ten Safety Violations for Fiscal Year 2021

Seyfarth Synopsis: The National Safety Council (NSC) released an update to its annual list of OSHA’s top-ten cited standards. The list provides a starting point for employers to review their own safety programs on an annual...more

Ho, Ho, Health and Safety! Keeping Workers Safe and Merry this Holiday Season

Seyfarth Synopsis: The U.S. Department of Labor Tweeted and blogged about the safety of workers during the busy holiday season, indicating an area of potential enforcement for OSHA in the coming weeks....more

U.S. Court of Appeals for the Sixth Circuit Selected to Rule on OSHA COVID ETS Per Judicial Panel on Multidistrict Litigation

Seyfarth Synopsis: The Judicial Panel on Multidistrict Litigation (MDL) lottery selected the U.S. Court of Appeals for the 6th Circuit to hear the consolidated legal challenges to OSHA’s COVID-19 Vaccination and Testing...more

Impacts of 5th Circuit Extension on Employers OSHA ETS Compliance

On Friday, November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit extended its initial stay regarding OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Fifth Circuit made clear how...more

New York Department of Labor Attempts to Prohibit Drug Testing for Cannabis, Employment Actions Against Some Employees Who are...

Seyfarth Synopsis: The New York Department of Labor published “Frequently Asked Questions” which address occupational cannabis issues under the adult-use cannabis and the Marijuana Regulation and Taxation Act (MRTA)....more

OSHA Issues ETS for Public Inspection with January 4, 2022 Vaccination Deadline

The much-anticipated OSHA Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) posted this morning, November 4, 2021, for public inspection. The ETS...more

A Swing and a Miss: Right to Conscience Objections to COVID-19 Vaccinations to Endure Until June 2022

Seyfarth Synopsis: On October 28, 2021, an amendment to the Illinois Health Care Right of Conscience Act passed the Illinois General Assembly and made its way to Governor Pritzker’s desk. The amendment creates a COVID-19...more

Biden Nominee CalOSHA Chief Doug Parker Confirmed to Head Federal OSHA

Seyfarth Synopsis: Yesterday the Senate voted to confirm Doug Parker to serve as Assistant Secretary of the Occupational Safety and Health Administration (OSHA)....more

Three OSHA State Plans Under Fire for Failure to Adopt COVID Emergency Temporary Standard for Health Care

Seyfarth Synopsis: Federal OSHA is warning Arizona, South Carolina, and Utah that they risk a federal takeover of their worker safety programs unless they adopt a federal emergency temporary standard (ETS) protecting...more

OSHA Sends COVID-19 Vaccine Mandate Emergency Temporary Standard to White House for Final Review

Seyfarth Synopsis: On October 12, 2021, OSHA submitted to the White House’s Office of Information and Regulatory Affairs (“OIRA”) an emergency temporary standard requiring private employers with more than 100 employees to...more

Reverse Course! OSHA Again to Require Employers to Electronically Submit OSHA 300 Logs and 301 Reports

Seyfarth Synopsis: OSHA intends to restore an Obama-era requirement that employers submit OSHA 300 logs and OSHA 301 reports electronically, ostensibly to improve the Agency’s data and to potentially target employers with...more

California Senate Bill 606 to Beef Up Cal/OSHA Enforcement Authorities

Seyfarth Synopsis: California Governor Gavin Newsom signed SB 606 into law on September 27, 2021. It creates two new categories of Cal/OSHA violations: “enterprise-wide” and “egregious”. It also provides Cal/OSHA with...more

OSHA Publishes Heat Illness Inspection Guidance

Seyfarth Synopsis:OSHA recently announced a three-pronged approach to establish a heat illness enforcement initiative, pertaining to both indoor or outdoor work settings: an enforcement memorandum, a National Emphasis...more

OSHA to Issue New COVID Emergency Temporary Standard Mandating COVID-19 Vaccination, Testing, Paid Time Off

Seyfarth Synopsis: President Biden announced a six-pronged, “comprehensive national strategy” to combat COVID-19, which will include a second OSHA Emergency Temporary Standard requiring vaccines or testing....more

Illinois Governor Announces Mask Mandate for All Indoor Settings, Regardless of Vaccination

Seyfarth Synopsis: Labelling the Delta-variant surge as the “Pandemic of the Unvaccinated,” on August 26, 2021, Illinois Governor J.B. Prtizker announced that Illinois residents must wear masks indoors, and that school and...more

FDA Grants Full Approval to the Pfizer Vaccine

Seyfarth Synopsis: Today the FDA approved Comirnaty (COVID-19 Vaccine, mRNA), previously known as Pfizer-BioNTech COVID-19 Vaccine, to prevent COVID-19 disease in individuals 16 and older. This could be big news for those on...more

OSHA Issues Updated Protecting Workers Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Seyfarth Synopsis: Today OSHA updated its Protecting Workers Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace to adopt recommendations “analogous” to the July 27, 2021 Centers for Disease Control...more

OSHA Gives Health Care Employers Green Light to Continue Permitting Facemask Exemptions, Despite New CDC Guidance

Seyfarth Synopsis: In light of rising cases of COVID-19, the CDC has recently reversed its prior facemask guidance, and has now required that both vaccinated and unvaccinated individuals wear masks indoors in areas where...more

President Biden to Require Federal Workers, Contractors to Provide Vaccine Attestation or Mask, Distance, and Test Multiple Times...

Seyfarth Synopsis: President Biden recently laid out his administration’s next steps in efforts to get more Americans vaccinated. On July 29, 2021, the White House released “Remarks by President Biden Laying Out the Next...more

Time to Mask Up Again? CDC Revises Mask Guidance for Vaccinated Individuals

Seyfarth Synopsis: On July 27, 2021, the CDC revised its mask guidance in response to the burgeoning threat of the COVID-19 Delta variant, recommending that all individuals — including those who are vaccinated — wear masks...more

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