On January 13, 2022, the Supreme Court’s decision to reinstate the stay of the Occupational Safety and Health Administration emergency temporary standards (OSHA ETS) was widely reported. While the stay of the OSHA ETS has...more
Not surprisingly, particularly after a recent oral argument on January 7, 2022, the Supreme Court reinstated the national stay of OSHA’s ETS today. In doing so, the Court found that the petitioners were “likely to succeed on...more
1/14/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Lack of Authority ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 27, OSHA announced it is allowing its ETS for healthcare facilities to sunset but that it would continue to work expeditiously to promulgate a permanent standard for coronavirus-related hazards. In its statement,...more
On December 18, 2021, the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s national stay of OSHA’s general duty COVID Emergency Testing Standard (ETS) that covers private employers with 100 or more employees, except...more
Friday night, the Sixth Circuit lifted the Fifth Circuit’s national stay on OSHA’s general duty COVID ETS. Shortly thereafter, OSHA issued information to employers stating it would exercise enforcement discretion...more
In a very strongly worded 22-page opinion, the U.S. Court of Appeals for the Fifth Circuit reaffirmed its earlier stay of OSHA’s COVID-19 Emergency Temporary Standard (ETS) calling for employee vaccination or weekly testing...more
OSHA’s long-awaited general industry COVID-19 emergency temporary standard (“ETS”) was officially published today and became effective immediately for employers in those states without “state OSHA” plans. However, employers...more
On September 9, 2021, the Department of Labor announced plans to issue an emergency temporary standard (“ETS”) requiring employers with more than 100 employees to ensure that every employee is fully vaccinated against...more