On January 13, 2022, the Supreme Court reinstituted a stay blocking OSHA's COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees...more
1/17/2022
/ Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit issued an Opinion lifting the stay of OSHA's emergency temporary standard (ETS) requiring employers with 100 or more employees to implement mandatory...more
12/21/2021
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
OSH Act ,
OSHA ,
Reasonable Accommodation ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 12, the Fifth Circuit extended its stay on OSHA’s COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees to get...more
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) mandating that large employers require employees to be fully vaccinated against COVID-19...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Large employers should soon have specific guidance on complying with the Occupational Safety and Health Administration (OSHA) vaccine and testing mandate. On September 9, President Biden announced that OSHA would issue an...more
On January 21, 2021, the Biden Administration issued an Executive Order outlining its objectives with respect to worker health and safety during the ongoing COVID-19 pandemic.
The Order reflects President Biden’s promises...more
2/22/2021
/ Anti-Retaliation Provisions ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Guidance Update ,
Health and Safety ,
Masks ,
OSH Act ,
OSHA ,
Remote Working ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This is our fifth and final Alert on Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
In the first, we summarized the standard’s general employer mandates. In the second, we covered...more
This is our fourth Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
In the first, we summarized the standard’s general employer mandates. In the second, we covered...more
This is our third Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
The first summarized the standard’s mandates for all covered employers. The second addressed the...more
In our previous Alert, we summarized general employer mandates contained in Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
Today, we focus on a mandate applicable to covered employers...more
Last week, Virginia Governor Ralph Northam announced the nation’s first statewide COVID-19 workplace safety standard.
Northam said, “Workers should not have to sacrifice their health and safety to earn a living, especially...more
Earlier this month, the Occupational Safety and Health Administration (OSHA) issued two memoranda detailing the agency’s plan for conducting enforcement actions during the COVID-19 pandemic.
On April 13, OSHA released an...more
Employers should be sure to consult their union contracts, individual employment agreements, government contracts, and local law for any apposite requirements or prohibitions.
Must employers grant FMLA leave to employees...more
Questions are being raised if an employer has the legal right to discipline or discharge employees who refuse to work out of concern about the Coronavirus. The definitive legal answer is, “it depends.” There are both legal...more
With the World Health Organization declaring the coronavirus a worldwide pandemic and President Trump declaring a “National Emergency to Fight COVID-19,” it is imperative that employers understand the requirements of the OSH...more
Employers have a regulatory duty to promptly report workplace injuries such as employee fatalities, hospitalizations, or amputations to OSHA. Such workplace injuries often lead to OSHA inspections and frequently result in...more
11/25/2019
/ Best Practices ,
Document Productions ,
Employer Liability Issues ,
Employer Rights ,
Evidence ,
OSHA ,
Safety Inspections ,
Webinars ,
Workplace Injury ,
Workplace Investigations ,
Workplace Safety
Recently, the Occupational Safety and Health Commission (OSHRC or Commission) issued a decision in Secretary of Labor v. Wynnewood Refining Co., LLC (Wynnewood) that constitutes a dramatic expansion of the Occupational Safety...more
For the last thirty years, I have defended companies in OSHA enforcement actions. No matter how large or small the action, employers should always begin by evaluating the potential financial impact the OSHA citation could...more