A federal district court judge in Texas issued a nationwide injunction blocking implementation of the White House’s COVID-19 vaccination mandate for federal employees. The judge relied on the U.S. Supreme Court’s recent...more
The federal Occupational Safety and Health Administration published notice of its withdrawal of its COVID-19 emergency temporary standard (ETS) applicable to companies with 100 or more employees. The U.S. Supreme Court...more
Following its loss at the Supreme Court last week, one might expect the Occupational Safety and Health Administration to throw its hands up and abandon efforts to treat COVID-19 spread as a workplace safety concern. Early...more
On January 13 in two highly anticipated decisions, the U.S. Supreme Court first reinstated an injunction blocking implementation of the Occupational Safety and Health Administration’s COVID-19 emergency temporary standard...more
1/14/2022
/ Administrative Authority ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
OSHA ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing
Last week, the U.S. Supreme Court agreed to an expedited review of legal challenges to the Occupational Safety and Health Administration’s emergency temporary standard (ETS) requiring employers with 100 or more employees to...more
12/30/2021
/ Compliance Dates ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Masks ,
OSHA ,
SCOTUS ,
Statutory Authority ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The federal Occupational Safety and Health Administration regularly issues press releases announcing citations and penalties that follow a safety inspection. But this month, OSHA issued a press release that recounted an...more
On Tuesday, a federal district court in Georgia issued a preliminary injunction that prevents the mandatory vaccination provisions of executive order 14042 from taking effect. The order would have required employees of...more
When an employer receives a citation for violation of Occupational Safety and Health Administration safety regulations, it can assert an affirmative defense claiming that the employees were exposed to the hazard as a result...more
On Tuesday, a Louisiana federal district court issued a nationwide preliminary injunction blocking the federal Centers for Medicare & Medicaid Services (CMS) from implementing or enforcing regulations requiring employees of...more
12/6/2021
/ Appeals ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Preliminary Injunctions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As reported in EmployNews, the South Carolina Occupational Safety and Health Administration previously announced that it would not implement the federal OSHA COVID-19 emergency temporary standard (ETS) for health care...more
If an employer receives a citation and notice of penalty from the North Carolina Occupational Safety and Health Administration, that citation contains a number of important options and associated time frames. Earlier this...more
Assuming it takes effect at some point, the Occupational Safety and Health Administration’s new COVID-19 emergency temporary standard (ETS) includes new legal mandates, as well as several options for affected employers. Chief...more
11/19/2021
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Masks ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Temporary Regulations ,
Unions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Buried in the new Occupational Safety and Health Administration COVID-19 emergency temporary standard (ETS) is a reminder to employers about new alternative requirements for use of respirators to help control workplace...more
Most of the heat and light surrounding the new Occupational Safety and Health Administration COVID-19 emergency temporary standard (ETS) involve the mandatory vaccination or test requirements. However, the rule contains a...more
Under the federal Occupational Safety and Health Act, states may elect to enforce their own health and safety programs in lieu of federal OSHA exercising enforcement authority. A number of states such as North Carolina and...more
Last week, the Equal Employment Opportunity Commission issued updates to its questions and answers guidance on the interplay between employer COVID-19 policies and federal anti-discrimination laws. While the revised guidance...more
With OSHA’s Emergency Temporary Standard requiring COVID-19 vaccinations for employers with 100 or more employees to be released shortly, a number of states have begun efforts to counter such mandates, or place additional...more
On Tuesday, the federal Occupational Safety and Health Administration disclosed that it has finished drafting its Emergency Temporary Standard (ETS) mandating either COVID-19 vaccinations or testing for all employers with 100...more
Last week, the federal Occupational Safety and Health Administration announced enhanced and expanded efforts to address heat-related illnesses in the workplace. The new initiative was prompted by excessive heat this summer in...more
A few days following President Joe Biden’s announcement of the COVID-19 vaccination or testing mandate for employers with 100 or more employees, the federal Occupational Safety and Health Administration held a webinar to...more
In recent months, we have reported extensively on the various carrot-and-stick approaches taken by employers to try to incentivize employees to get the COVID-19 vaccine. In recent weeks, we have seen employers frustrated over...more
Last Friday, the federal Occupational Safety and Health Administration issued updated guidance for employers on best practices for avoiding workplace spread of the COVID-19 virus. It incorporates revised CDC guidelines...more
Last month, a Colorado business owner was sentenced to 10 months in prison following the death of one of his workers in a trenching accident. The deceased employee had not been trained in appropriate trenching techniques, and...more
A week ago, we published an alert explaining the South Carolina Department of Labor, Licensing and Regulation’s issuance of a press release announcing that the state has decided to issue a general infectious disease standard...more
On Tuesday, the South Carolina Department of Labor, Licensing and Regulation announced its intent to develop a general OSHA standard intended to address workplace hazards from all infectious diseases in the workplace. The...more