News & Analysis as of

General Duty Clause Coronavirus/COVID-19

Snell & Wilmer

U.S. Court of Appeals Finds “No Clear Duty” for OSHA To Issue Permanent COVID-19 Healthcare Standard

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In June 2021, the United States Department of Labor, Occupational Safety and Health Administration (“Fed OSHA”) enacted a COVID-19 Emergency Temporary Standard (“ETS”) governing the health care industry. The ETS had a...more

Hogan Lovells

Virginia revokes COVID-19 workplace safety standard

Hogan Lovells on

Effective March 23, 2022, the Virginia occupational safety and health standard on COVID-19 (the Standard) has been revoked. The Standard established protocols that Virginia employers were required to follow to control,...more

Littler

Virginia Rescinds its COVID-19 Standard

Littler on

Nearly two years after enacting the first-in-the-nation permanent COVID-19 workplace safety and health standard, the Virginia Safety and Health Codes Board (the “Board”) has voted to rescind its COVID-19 standard. The...more

Jackson Lewis P.C.

OSHA Partially Opens Record on Rulemaking for Permanent Healthcare COVID-19 Standard

Jackson Lewis P.C. on

OSHA has just announced it is partially reopening the record on the rulemaking for the permanent healthcare COVID-19 standard known as the rule on Occupational Exposure to COVID-19 in Healthcare Settings....more

Jackson Lewis P.C.

Virginia Drafts COVID-19 Guidance As It Mulls Eliminating Standard

Jackson Lewis P.C. on

Virginia has drafted workplace guidance in the event it strikes down its first-in-the-nation COVID-19 standard. On his first day in office, Governor Glenn Younkin declared Virginia “open for business” and issued...more

Fisher Phillips

Should Employers Rescind Their Mask Mandates? A Pros and Cons List to Consider Before Dropping Your Pandemic Policies

Fisher Phillips on

As expected, state and local mask requirements continue to be lifted following the CDC’s loosening of its masking recommendations last month. As of yesterday, only 10 states require masks – and many of those requirements...more

Buckingham, Doolittle & Burroughs, LLC

OSHA Withdraws its Vaccine or Testing ETS

On January 25, 2022, the Occupational Safety and Health Administration (“OSHA”) announced that it is withdrawing the November 5, 2021, Vaccine or Testing Emergency Temporary Standard (Vaccination and Testing ETS), which...more

McAfee & Taft

OSHA withdraws ETS as it moves toward permanent regulatory solution

McAfee & Taft on

The Occupational Safety and Health Administration announced today that, effective tomorrow, January 26, 2022, it will withdraw its Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or weekly testing/masking...more

Amundsen Davis LLC

OSHA’s COVID-19 Vaccination Mandate is Dead, Now What?

Amundsen Davis LLC on

If you’re wondering what to do in the wake of the United States Supreme Court’s decision striking down the OSHA’s Emergency Temporary Standard mandating COVID-19 vaccination and testing, you’re not alone. Unfortunately, there...more

Foley & Lardner LLP

The COVID-19 ETS Is Gone, But Employers Must Still Take and Implement Workplace Protections – or Fail at Their Peril

Foley & Lardner LLP on

As the entire country should know by now, on January 13, 2022, the United States Supreme Court issued an Opinion reinstating the stay of enforcement by OSHA of its Emergency Temporary Standard for COVID-19 (ETS). You can...more

Parker Poe Adams & Bernstein LLP

Will OSHA Seek to Enforce COVID-19 Safety Standards?

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

Robinson+Cole Manufacturing Law Blog

2022 Environmental, Health, and Safety Outlook for Manufacturers

Last week, Jeff kicked off our 2022 outlook for manufacturers, covering corporate compliance and litigation. This week, I am turning to the environmental, health, and safety issues that may occupy the minds and the time of...more

McCarter & English, LLP

The Supreme Court Has Stayed OSHA’s Vaccine-or-Test Emergency Temporary Standard. Now What?

On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine-or-test Emergency Temporary Standard (ETS). This halts OSHA’s enforcement of...more

Wiley Rein LLP

Supreme Court Blocks OSHA Vax-or-Test ETS

Wiley Rein LLP on

What: On January 13, 2022, the U.S. Supreme Court blocked the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS), which required businesses with at least 100 employees to ensure their...more

Husch Blackwell LLP

U.S. Supreme Court Stays OSHA Vaccine Mandate

Husch Blackwell LLP on

On January 13, 2022, in per curiam opinion National Federation of Independent Business et al., v. Department of Labor, Occupational Safety and Health Administration, et al., the Supreme Court stayed OSHA’s COVID-19...more

Jackson Lewis P.C.

U.S. Supreme Court Puts OSHA COVID-19 Vaccine-Or-Test ETS Back on Ice

Jackson Lewis P.C. on

In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). The Court described the standard as a “blunt...more

Cozen O'Connor

OSHA Withdraws COVID ETS for Healthcare

Cozen O'Connor on

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

Husch Blackwell LLP

OSHA Clarifies Healthcare Employer Obligations Regarding COVID-19 Hazard

Husch Blackwell LLP on

On December 27, 2021, the Occupational Safety and Health Administration (OSHA) issued a Statement clarifying the status of the OSHA COVID-19 Healthcare Emergency Temporary Standard (Healthcare ETS) that was originally issued...more

Jackson Lewis P.C.

OSHA Withdraws COVID-19 Healthcare Emergency Temporary Standard, Vows to Use General Duty Clause

Jackson Lewis P.C. on

The Occupational Safety and Health Administration (OSHA) has announced that it is withdrawing most of the Emergency Temporary Standard for healthcare employers (Healthcare ETS) it promulgated more than six months ago...more

Husch Blackwell LLP

Suspended: Implementation of OSHA's Vaccine Mandate for Large Employers

Husch Blackwell LLP on

On November 12, 2021, in BST Holdings, L.L.C. et al., v. Occupational Safety and Health Administration, the U.S. Court of Appeals for the Fifth Circuit affirmed the initial temporary stay of the Occupational Safety and Health...more

Eversheds Sutherland (US) LLP

OSHA announces emergency temporary standard on COVID-19 vaccination and testing

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) announced an “Emergency Temporary Standard” (ETS) on workplace safety and coronavirus. The ETS is in response to President Biden’s directive in...more

Constangy, Brooks, Smith & Prophete, LLP

They did it! OSHA’s standard on COVID vaccinations is out

This morning the Occupational Safety and Health Administration formally issued its Emergency Temporary Standard on COVID vaccinations. Most employers with 100 or more employees will have to require their employees to get...more

Steptoe & Johnson PLLC

OSHA Issues Updated COVID-19 Guidance to Match CDC’s July 27th Protocol on Masks Indoors in Public Places even for Fully...

Steptoe & Johnson PLLC on

On Friday, August 13, 2021, OSHA issued an updated Guidance document regarding COVID-19 Plans and the General Duty Clause. OSHA has now adopted CDC’s July 27th Protocol in which Fully Vaccinated employees must wear masks...more

Ruder Ware

OSHA Updates Guidance on COVID-19 in the Workplace – Masking and Vaccines

Ruder Ware on

On August 13, 2021, OSHA updated Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (Guidance) related to the COVID-19 vaccine and masking. The Guidance now incorporates the...more

Morgan Lewis

OSHA Updates Guidance to Mitigate COVID-19 in the Workplace

Morgan Lewis on

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

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