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With Flu Season Upon Us, OSHA Signals That Employers Should Continue To Encourage Vaccination For Their Workforces

Seyfarth Synopsis: With concerns of infectious disease at the forefront of workplace health and safety in the past several years, and with the traditional flu and cold season upon us, OSHA has reminded the regulated...more

CDC Interpretive Summary on COVID-19 for August 26, 2022

Seyfarth Synopsis: The CDC has found that COVID-19 cases, hospitalizations, and deaths are leveling off from their rise over the summer. The CDC advises that Americans can help prevent these numbers from increasing again by...more

Still Coughing: Now-Dominant COVID-19 Variant Can Elude Current Vaccines, Prompts FDA Action

Seyfarth Synopsis: Omicron BA5 strain has become dominant and has evolved to render vaccinations and boosters less effective, resulting in many employers revisiting their COVID-19 policies....more

Rulemaking Continues on New OSHA COVID-19 Permanent Standard to Protect Healthcare Workers

Seyfarth Synopsis: The federal Occupational Safety and Health Administration (OSHA) has reopened its rulemaking record and scheduled an informal public hearing to seek comments on specific topics that relate to the...more

OSHA Acknowledges Reality; Withdraws COVID-19 Vaccination and Testing ETS

Seyfarth Synopsis: OSHA has withdrawn its private employer COVID-19 Vaccination and Testing ETS, effective Tuesday, January 25, 2022....more

OSHA ETS Stayed Again — Supreme Court Characterizes ETS as Public Health Measure Outside of OSHA’s Jurisdiction

Seyfarth Synopsis: On January 13, 2022, the Supreme Court stayed enforcement of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”), pending further litigation in the U.S. Court of Appeals for the...more

Latest Biden Administration Order Requires Some Employers to Pay for Cost of COVID Testing

Seyfarth Synopsis: The OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) will require unvaccinated employees to submit weekly COVID-19 testing results by February 9, 2022. New guidance from the Biden...more

Supreme Court Special Session – The U.S. Supreme Court Hears Arguments on the OSHA COVID-19 ETS

Seyfarth Synopsis: In an unusual special session, on January 7, 2022, the U.S. Supreme Court heard oral arguments regarding OSHA’s Vaccination and Testing Emergency Temporary Standard (ETS), which requires employers with 100...more

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

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

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

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

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

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

Cal/OSHA Standards Board Approves Controversial Changes to COVID-19 ETS

Seyfarth Synopsis: On June 3, 2021, the California Occupational Safety & Health Standards Board (OSHSB) voted late in the evening to approve Cal/OSHA’s proposed revised Emergency Temporary Standard (ETS). The revised ETS...more

For Real Now: Cal/OSHA Board Considering Changes to COVID-19 ETS

Seyfarth Synopsis: The California Occupational Safety & Health Standards Board (OSHSB) was supposed to consider changes to the COVID-19 Emergency Temporary Standard (ETS) on May 20, 2021. But after the CDC published a May 13,...more

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