News & Analysis as of

OSH Act Coronavirus/COVID-19

Davis Wright Tremaine LLP

Final COVID-19 OSHA Regulation Covering Healthcare Employers Is on OSHA's Agenda for Issuance in September 2022

OSHA's emergency temporary standard (ETS) requiring healthcare employers to adhere to numerous regulatory requirements addressing COVID-19 was largely withdrawn in December 2021. On June 21, 2022, the U.S. Department of Labor...more

Jackson Lewis P.C.

EPA Publishes Best Practices for Indoor Air Quality in Combating COVID-19

Jackson Lewis P.C. on

The U.S. Environmental Protection Agency (EPA) has released new guidance on best practices to improve indoor air quality (IAQ) as part of the administration’s overall pandemic response plan for combating COVID-19....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

Hahn Loeser & Parks LLP

OSHA Withdraws Emergency Vaccine-Or-Test Rule, Continues to Develop Permanent Standard

On January 26, 2022, the Occupational Safety & Health Administration (OSHA) withdrew its emergency temporary standard (ETS), which required large employers to either mandate vaccination or weekly COVID-19 testing. The ETS...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

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

Jackson Lewis P.C.

SCOTUS Questioning Suggests OSHA ETS is Squeezing an Elephant into a Mousehole

Jackson Lewis P.C. on

The U.S. Supreme Court heard oral arguments Friday in the OSHA ETS case. Of course one never knows how the Court will rule, but if the Justices’ questions are any indication, there could be a 6-3 split in favor of a stay,...more

Jackson Lewis P.C.

Flurry of Briefs Filed Supporting, Opposing OSHA COVID-19 ETS in U.S. Supreme Court

Jackson Lewis P.C. on

With the January 7, 2022, oral argument over the Occupational Safety and Health Administration (OSHA) Vaccine or Test Emergency Temporary Standard (ETS) in the U.S. Supreme Court fast-approaching, many amici curiae...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

Jackson Lewis P.C.

After OSHA COVID-19 Emergency Temporary Standard for Healthcare Employers Expired …

Jackson Lewis P.C. on

More than six months after the Occupational Safety and Health Administration (OSHA) promulgated an Emergency Temporary Standard for healthcare employers (Healthcare ETS), OSHA announced its intentions to propose an infectious...more

Holland & Hart - Employers' Lawyers

Federal Mandatory COVID-19 Vaccine Mandates: The Saga Continues

Of all of the vaccination mandates issues by the federal government, OSHA’s emergency temporary standard (“ETS”) has likely received the most attention lately. The enforceability of the ETS, or lack thereof, has been a...more

ArentFox Schiff

Sixth Circuit Revives OSHA Vaccine/Testing Emergency Temporary Standard

ArentFox Schiff on

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

Morgan Lewis

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

Morgan Lewis on

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

Husch Blackwell LLP

Sixth Circuit Lifts ETS Stay - OSHA Delays Noncompliance Citations

Husch Blackwell LLP on

Employers are facing yet another twist in the ongoing saga of the vaccine mandates issued by the Biden Administration earlier this year. On Friday, December 17, 2021, the Sixth Circuit dissolved the Fifth Circuit’s stay of...more

Wiley Rein LLP

Sixth Circuit Court of Appeals Reinstates OSHA ETS

Wiley Rein LLP on

WHAT: On December 17, 2021, the United States Court of Appeals for the Sixth Circuit dissolved the stay of the Occupational Health and Safety Administration’s Emergency Temporary Standard (OSHA and the ETS) previously ordered...more

Jackson Lewis P.C.

Will Some State Plans Defy OSHA’s COVID-19 Vaccination, Testing Emergency Temporary Standard?

Jackson Lewis P.C. on

If President Joe Biden’s Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) vaccine or testing mandate for employers goes forward, nearly half the states have the option of going their...more

Jackson Lewis P.C.

The OSHA ETS Legal Battle Continues: Petitioners Request En Banc Review; Government Files Emergency Motion to Dissolve Stay

Jackson Lewis P.C. on

Multiple groups of petitioners in the newly consolidated litigation and renamed challenge to the OSHA ETS, now known as the “OSHA Covid Rule Case,” Docket No, 21-7000, MCP No. 165 (6th Cir.) have asked the court to hear the...more

McAfee & Taft

Calculating the 100-employee threshold under the OSHA vaccination ETS

McAfee & Taft on

The Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) regarding COVID-19 vaccination, testing and facial coverings applies to “all employers with a total of 100 or more employees” during...more

Kaufman & Canoles

Employment Law Alert – OSHA Issues Long-Awaited Rule Requiring Mandatory “Vaccinate or Test Weekly” Rule for Companies with 100 or...

Kaufman & Canoles on

New Rule Issued - Yesterday, November 4, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”), requiring, except as noted below, all employers with 100 or more...more

DirectEmployers Association

OSHA Emergency Temporary Standard Mandating COVID-19 Vaccines or Testing/Masks Catches Federal Contractors in a Bind by Exempting...

On Thursday, the U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) published both its highly anticipated Emergency Temporary Standard (“ETS”: 86 FR 61402) as an “Interim Final Rule” implementing...more

DirectEmployers Association

OFCCP Week In Review: October 2021 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Constangy, Brooks, Smith & Prophete, LLP

Well, Do Vaccinated Employees Have To Wear Masks Again?

The Occupational Safety and Health Administration announced today that it is “recommending” that “fully vaccinated workers in areas of substantial or high community transmission wear masks in order to protected unvaccinated...more

Bracewell LLP

Latest CDC Mask/Testing Guidance Requires Employers to Evaluate Workplace Rules

Bracewell LLP on

The COVID-19 Delta variant has prompted a u-turn by the Centers for Disease Control and Prevention (“CDC”) on certain of its previous recommendations. In response, employers should take note that their workplace policies may...more

Jackson Lewis P.C.

Despite Relaxed CDC COVID-19 Guidance, No Relaxing Of Rules (Yet) In California, Virginia

Jackson Lewis P.C. on

The Centers for Disease Control and Prevention (CDC) has offered new COVID-19 guidance indicating that fully vaccinated individuals no longer need to wear masks or maintain physical distance from others in most settings...more

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