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Supreme Court Reimposes Stay on OSHA Emergency Temporary Standard, Allows CMS Rule to Go Forward

The US Supreme Court issued two decisions on January 13, 2022 in cases challenging the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (ETS) on Vaccination and Testing and the Centers for...more

OSHA’s COVID-19 Emergency Temporary Standard Is Back – For Now

On December 17, 2021, a divided panel of the US Court of Appeals for the Sixth Circuit granted the federal government’s emergency motion to dissolve the US Court of Appeals for the Fifth Circuit’s stay of the Occupational...more

OSHA ETS Is Temporarily Stayed; State Legal Developments Merit Attention

The Fifth Circuit temporarily stayed the Occupational Health and Safety Administration’s Emergency Temporary Standard on COVID-19, placing it in legal limbo. In addition, state governments continue to take actions related to...more

Landmark OSHA Emergency Temporary Standard Requires COVID-19 Vaccination or Testing

After long anticipation by US companies and their employees, the US Department of Labor’s Occupational Safety and Health Administration (OSHA) published its 490-page Emergency Temporary Standard (ETS) and preamble on COVID-19...more

OSHA Updates Guidance to Mitigate COVID-19 in the Workplace

The Occupational Safety and Health Administration (OSHA) recently updated its nonbinding COVID-19 guidance applicable to all industries not otherwise covered by its Emergency Temporary Standard (ETS). The primary purpose of...more

OSHA Issues Emergency Temporary Standard for Healthcare Employers and Directs All Other Employers to Nonbinding Guidance

The Occupational Safety and Health Administration (OSHA) issued important updates to its COVID-19 guidance for employers on June 10. To start, the long-awaited COVID-19 Emergency Temporary Standard (ETS) is effective...more

OSHA Issues Guidance on Mitigating and Preventing COVID-19 Spread in the Workplace

Among other features, the new guidance recommends that employers implement a COVID-19 prevention program and identifies key measures for limiting the spread of COVID-19. The Occupational Safety and Health Administration...more

Virginia Is First State to Pass Permanent Standard to Address COVID-19 in the Workplace

Virginia employers should take note of how the new COVID-19 permanent standard differs from last summer’s temporary standard and ensure that training and policies are updated accordingly. In July 2020, the Commonwealth of...more

Employers’ Guide to President Biden’s First Week of Executive Actions

President Joe Biden has signed several executive orders and announced other directives that will impact employers in the first 100 days of his administration, including guidance on protecting worker health and safety,...more

OSHA Enforcement Trend Outlook Under a Biden Administration

While workplace safety standards have been thrust into the national conversation since the coronavirus (COVID-19) pandemic began, Occupational Safety and Health Administration (OSHA) enforcement has been relatively quiet....more

Michigan Adopts Emergency Temporary Rules to Address COVID-19 in the Workplace

Effective immediately, Michigan will require employers to make coronavirus (COVID-19) workplace exposure determinations for all job tasks and procedures, prepare written preparedness and response plans, and implement a series...more

DOL’s Office of ALJs Suspends In-Person Hearings Indefinitely; Procedural Deadlines No Longer Suspended

The US Department of Labor’s chief administrative law judge (ALJ) issued an administrative order and notice on June 1, indefinitely suspending all in-person hearings before the Office of Administrative Law Judges (OALJ). ...more

OSHA COVID-19 Guidance Walks Back Prior Agency Positions

The Occupational Safety and Health Administration (OSHA) issued an Updated Interim Enforcement Response Plan on May 19 for enforcing OSHA’s requirements with respect to coronavirus (COVID-19) and a Revised Enforcement...more

Show Me the Masks: Supplying Face Coverings and Respirators to Essential Employees

Employers are facing issues relating to shortages of respirators and non-surgical face coverings. The ever-evolving local, state, and federal regulatory landscape, coupled with these shortages, has sent employers scrambling,...more

OSHA Guidance Marks Dramatic Shift in Enforcement Focus Amid COVID-19 Pandemic

The Occupational Safety and Health Administration has issued a new guidance allowing field offices flexibility in handling COVID-19-related matters, including complaints. ...more

DOL’s Office of ALJs Extends Suspension of Hearing, Procedural Deadlines

The US Department of Labor’s chief administrative law judge (ALJ) issued a supplemental administrative order on April 10, extending the suspension of in-person hearings before the Office of Administrative Law Judges (OALJ). ...more

OSHA Reminds Employers: Anti-Retaliation Provisions Still Apply During COVID-19

The US Department of Labor’s Occupational Health and Safety Administration (OSHA) released a statement on April 8 reminding employers that they cannot retaliate against workers who report unsafe or unhealthy working...more

COVID-19: DOL's Office of ALJs Suspends Hearings, Procedural Deadlines

In response to the coronavirus (COVID-19), the US Department of Labor’s (DOL’s) chief administrative law judge (ALJ) issued an administrative order on March 19 clarifying the status of matters pending before the DOL’s Office...more

An Insider View of Federal Rulemaking

The process of establishing public policy is changing rapidly. While Congress still legislates and the executive branch still administers, the procedures under which those processes occur are transforming how corporate...more

Update: December 31 Is Last Day To File Your 2016 Form 300A Data

Employers subject to recordkeeping regulations should immediately begin preparing electronic submissions to comply with the December 15 deadline. On December 18, 2017, the Occupational Safety and Health Administration...more

OSHA Announces Two-Week Extension for Electronic Submission of Form 300A

Employers subject to recordkeeping regulations should immediately begin preparing electronic submissions to comply with the December 15 deadline....more

OSHA Announces New Enforcement Program for Whistleblower Cases

The “pilot” Severe Violator Enforcement Program will impose more stringent inspection procedures, enhanced settlement provisions, and “public scrutiny” for employers that OSHA deems to have engaged in “egregious behavior and...more

OSHA Electronic Recordkeeping Rule Creates Significant Reporting Requirements, Potential Enforcement Risks

OSHA issues long-anticipated amendments to its recordkeeping regulations. On May 12, the Occupational Safety and Health Administration (OSHA) issued its long-anticipated amendments to its recordkeeping regulations. Most...more

President Obama Issues Executive Order Requiring Federal Contractors to Provide Mandatory Sick Leave

The executive order poses another significant financial and administrative burden for federal contractors. Continuing his practice of using executive orders to implement his labor and employment agenda, on September 7,...more

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