The Acting Secretary of Labor appeared with the Assistant Secretary for Mine Safety and Health, Chris Williamson and union leaders on April 16th at an event in Uniontown, PA to announce the release of MSHA’s final respirable...more
On January 13, 2022, in per curiam opinion National Federation of Independent Business et al., v. Department of Labor, Occupational Safety and Health Administration, et al., the Supreme Court stayed OSHA’s COVID-19...more
1/14/2022
/ Centers for Disease Control and Prevention (CDC) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
General Duty Clause ,
Lack of Authority ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On January 7, 2022, the U.S. Supreme Court heard arguments on a slew of emergency applications for a stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). OSHA’s ETS requires...more
On December 27, 2021, the Occupational Safety and Health Administration (OSHA) issued a Statement clarifying the status of the OSHA COVID-19 Healthcare Emergency Temporary Standard (Healthcare ETS) that was originally issued...more
On November 29, 2021, the U.S. District Court for the Eastern District of Missouri (Missouri court) issued a preliminary injunction enjoining the Centers for Medicare and Medicaid Services (CMS) from implementing and...more
On November 12, 2021, in BST Holdings, L.L.C. et al., v. Occupational Safety and Health Administration, the U.S. Court of Appeals for the Fifth Circuit affirmed the initial temporary stay of the Occupational Safety and Health...more
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees. The ETS requires employers to adopt a soft vaccine...more
11/9/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Documentation ,
Employer Mandates ,
Executive Orders ,
Joe Biden ,
Mine Safety and Health Administration (MSHA) ,
OSHA ,
Religious Exemption ,
Vaccinations ,
Virus Testing
On Thursday, November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees. The ETS requires employers to adopt a...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Employer Mandates ,
Executive Orders ,
Franchisors ,
Healthcare Facilities ,
Masks ,
OSHA ,
Paid Leave ,
Recordkeeping Requirements ,
Religious Exemption ,
Vaccinations ,
Virus Testing
Executive Order 14042 (Ensuring Adequate COVID Safety Protocols for Federal Contractors), the resulting guidance and the recent array of class deviation contract clauses create interesting and novel federal contract...more
11/1/2021
/ Best Practices ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employee Retention ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Flow Down Clause ,
Government Agencies ,
Human Resources Professionals ,
Masks ,
New Guidance ,
Noncompliance ,
OSHA ,
Penalties ,
Religious Exemption ,
Social Distancing ,
Subcontractors ,
Vaccinations ,
Webinars ,
Workplace Safety
President Biden’s September 9, 2021 Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, directs the federal Safer Federal Workforce Task Force (“Task Force”) to develop COVID-19 workplace...more
9/28/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Documentation ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Joe Biden ,
Masks ,
OSHA ,
Religious Exemption ,
Service Contract Act ,
Social Distancing ,
Subcontractors ,
Vaccinations
Husch highlights
•On September 9, 2021, President Biden announced a new vaccine mandate for healthcare workers employed at most Medicare- and Medicaid-certified facilities; continued participation in Medicare and Medicaid...more
9/21/2021
/ Affordable Care Act ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Funding ,
Food and Drug Administration (FDA) ,
Healthcare Facilities ,
Healthcare Workers ,
Interim Rule ,
Joe Biden ,
Masks ,
Popular ,
Reporting Requirements ,
Social Distancing ,
Vaccinations ,
Virus Testing
On September 9, 2021, President Biden held a press conference introducing the administration’s “Plan to Stop the Delta Variant and Boost COVID-19 Vaccinations.” At this conference, the President announced a pair of executive...more
On June 9, 2021, the Occupational Health and Safety Administration (OSHA) issued a new COVID-19 Emergency Temporary Standard (ETS) with the scope of the ETS limited to certain workplace settings that are defined as healthcare...more
6/29/2021
/ Coronavirus/COVID-19 ,
Health Care Providers ,
Healthcare Workers ,
Manufacturers ,
New Guidance ,
OSHA ,
Paid Time Off (PTO) ,
Personal Protective Equipment ,
Recordkeeping Requirements ,
Social Distancing ,
Vaccinations ,
Workplace Safety
Today, Virginia’s new and detailed COVID-19 regulation takes effect. The rule, an “emergency temporary standard” (ETS), was adopted July 15th by the Virginia Department of Labor and Industry (DOLI). Unlike general guidance...more
7/28/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Health and Safety ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Re-Opening Guidelines ,
Recordkeeping Requirements ,
Risk Assessment ,
State and Local Government ,
Workplace Safety
As companies plan to reopen, we’re getting lots of questions about how to prepare for workers wearing cloth face masks, as advised by the CDC and now required by some jurisdictions. Should your employees wear masks? Must...more
When Secretary of Labor Alexander Acosta testified before Congress earlier this month, he emphasized balancing safety agencies’ legal obligations and commitments with President Trump’s commitment to deregulation. Meanwhile,...more
Can mis-steps with OSHA land you in jail? Several recent cases are a reminder that the risk is real. While OSHA rarely makes a criminal case out of safety violations, it does pursue criminal charges when people mislead the...more
According to a recent court opinion, last month MSHA reached a settlement with a mining company that included removing the company from the list of operators with a “pattern of violations” (POV). While a 3-1 majority of the...more
With the nomination of Judge Brett Kavanaugh to the Supreme Court, occupational safety and health professionals may be interested in the impact he may have on future cases involving OSHA, the Occupational Safety and Health...more
As the mining industry continues to wait for any new direction at MSHA to reveal itself, last week, MSHA published a request for information (RFI) in the Federal Register that could be the beginning of a new rulemaking on...more
On Tuesday, the U.S. House Subcommittee on Workforce Protections held an oversight hearing on MSHA and mine safety, featuring Assistant Secretary of Labor David Zetazelo, who outlined his priorities for MSHA....more