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Rulemaking Continues on New OSHA COVID-19 Permanent Standard to Protect Healthcare Workers

Seyfarth Synopsis: The federal Occupational Safety and Health Administration (OSHA) has reopened its rulemaking record and scheduled an informal public hearing to seek comments on specific topics that relate to the...more

Report From the Final Day of the 2022 ABA OSHA/MSHA Midwinter Meeting

Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSH Review Commission, the MSH...more

Report From Day 2 of the 2022 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSH Review Commission, the MSH...more

Report From Day 1 of The 2022 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA...more

OSHA To Address Soaring Injury Rates at Healthcare Facilities

Seyfarth Synopsis: The U.S. Department of Labor reported today that “U.S. healthcare workers experienced a staggering 249 percent increase in injury and illness rates in 2020, based on employer-reported data, as they...more

OSHA Acknowledges Reality; Withdraws COVID-19 Vaccination and Testing ETS

Seyfarth Synopsis: OSHA has withdrawn its private employer COVID-19 Vaccination and Testing ETS, effective Tuesday, January 25, 2022....more

Big Money: OSHA and EPA Civil Penalties Increase for 2022

Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2022 increases to civil penalties....more

OSHA ETS Stayed Again — Supreme Court Characterizes ETS as Public Health Measure Outside of OSHA’s Jurisdiction

Seyfarth Synopsis: On January 13, 2022, the Supreme Court stayed enforcement of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”), pending further litigation in the U.S. Court of Appeals for the...more

Supreme Court Special Session – The U.S. Supreme Court Hears Arguments on the OSHA COVID-19 ETS

Seyfarth Synopsis: In an unusual special session, on January 7, 2022, the U.S. Supreme Court heard oral arguments regarding OSHA’s Vaccination and Testing Emergency Temporary Standard (ETS), which requires employers with 100...more

Supreme Court Will Hold Special Session on OSHA’s COVID-19 Vaccination and Testing ETS, as well as Healthcare CMS Vaccination...

Seyfarth Synopsis: On January 7, 2022, in an extraordinary open session, the Supreme Court will reconsider the dissolved stay of the OSHA ETS, as well as the injunctions blocking the CMS healthcare vaccination mandate in 25...more

OSHA’s COVID-19 Vaccination and Testing ETS Revived as Sixth Circuit Dissolves Stay

Seyfarth Synopsis: On December 17, 2021, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit dissolved its sister Fifth Circuit’s stay of the Occupational Safety and Health Administration’s COVID-19...more

U.S. District Court Enjoins Federal Contractor COVID-19 Vaccine Mandate in Kentucky, Ohio, and Tennessee

In a November 30, 2021 opinion blocking the Biden Administration’s federal contractor COVID-19 vaccine mandate, Judge Gregory F. Van Tatenhove, U.S. District Judge for the Eastern District of Kentucky posed a “narrow”...more

U.S. Court of Appeals for the Sixth Circuit Selected to Rule on OSHA COVID ETS Per Judicial Panel on Multidistrict Litigation

Seyfarth Synopsis: The Judicial Panel on Multidistrict Litigation (MDL) lottery selected the U.S. Court of Appeals for the 6th Circuit to hear the consolidated legal challenges to OSHA’s COVID-19 Vaccination and Testing...more

Impacts of 5th Circuit Extension on Employers OSHA ETS Compliance

On Friday, November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit extended its initial stay regarding OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Fifth Circuit made clear how...more

What Must Employers Do to Comply with OSHA’s ETS? Check out our Checklist for Answers

Seyfarth Synopsis: Your dedicated Seyfarth Team has created a checklist to help covered employers achieve compliance with the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) in timely fashion....more

What Must Employers Do to Comply with OSHA’s ETS? Check out our Checklist for Answers

Seyfarth Synopsis: Your dedicated Seyfarth Team has created a checklist to help covered employers achieve compliance with the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) in timely fashion....more

OSHA Issues ETS for Public Inspection with January 4, 2022 Vaccination Deadline

The much-anticipated OSHA Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) posted this morning, November 4, 2021, for public inspection. The ETS...more

Three OSHA State Plans Under Fire for Failure to Adopt COVID Emergency Temporary Standard for Health Care

Seyfarth Synopsis: Federal OSHA is warning Arizona, South Carolina, and Utah that they risk a federal takeover of their worker safety programs unless they adopt a federal emergency temporary standard (ETS) protecting...more

OSHA Sends COVID-19 Vaccine Mandate Emergency Temporary Standard to White House for Final Review

Seyfarth Synopsis: On October 12, 2021, OSHA submitted to the White House’s Office of Information and Regulatory Affairs (“OIRA”) an emergency temporary standard requiring private employers with more than 100 employees to...more

Path Out of the Pandemic - Implications for Employers

On September 9, 2021, the Biden Administration announced its COVID-19 Action Plan, titled the “Path Out of the Pandemic.”  The Plan’s six pillars are: Of particular interest to employers is the first pillar.  To “vaccinate...more

OSHA to Issue New COVID Emergency Temporary Standard Mandating COVID-19 Vaccination, Testing, Paid Time Off

Seyfarth Synopsis: President Biden announced a six-pronged, “comprehensive national strategy” to combat COVID-19, which will include a second OSHA Emergency Temporary Standard requiring vaccines or testing....more

OSHA Issues Updated Protecting Workers Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Seyfarth Synopsis: Today OSHA updated its Protecting Workers Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace to adopt recommendations “analogous” to the July 27, 2021 Centers for Disease Control...more

OSHA Gives Health Care Employers Green Light to Continue Permitting Facemask Exemptions, Despite New CDC Guidance

Seyfarth Synopsis: In light of rising cases of COVID-19, the CDC has recently reversed its prior facemask guidance, and has now required that both vaccinated and unvaccinated individuals wear masks indoors in areas where...more

OSHA Revises National Emphasis Program, and Updates Interim Enforcement Response Plan for COVID-19

Seyfarth Synopsis: On June 28, 2021, OSHA published a Compliance Directive, DIR 2021-02 (CPL 02), covering inspection procedures and enforcement policies for the Emergency Temporary Standard for COVID-19. The new directive...more

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