News & Analysis as of September 20, 2024

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The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

COVID-19 and the Workplace: Where Do We Stand?

Proskauer - Law and the Workplace on 5/9/2023

As we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency. However, the rollback of COVID-19 requirements was already underway in many state and municipal...more

How Should Employers Respond to the Monkeypox Outbreak?

Parker Poe Adams & Bernstein LLP on 8/12/2022

Earlier this month, the Biden administration declared a national health emergency based on the spread of the monkeypox virus. Employers that have endured the COVID-19 emergency may be asking whether there are any steps...more

EEOC Updates Screening, Testing, and Mandatory Vaccination Polices

Mintz - Employment Viewpoints on 7/27/2022

After several months, the EEOC has once again updated its guidance and answers regarding the ongoing COVID-19 pandemic’s interaction with anti-discrimination laws, with a particular focus on the workplace screening, testing,...more

EEOC Potentially Limits Employer's Right to Mandate COVID-19 Testing

McDermott Will & Emery on 7/22/2022

On July 12, 2022, the US Equal Employment Opportunity Commission (EEOC) revised its guidance on compliance with disability discrimination law during the COVID-19 pandemic. While previous guidance, initially published on...more

In Policy Pivot, EEOC Revises Pandemic Guidance To Move Away From A “Direct Threat” Analysis and Focus on “Business Necessity” As...

Seyfarth Shaw LLP on 7/19/2022

Seyfarth Synopsis: On July 12, 2022, the U.S. Equal Employment Opportunity Commission issued updated guidance for employers on the interplay of workplace bias laws and COVID-19 workplace testing, vaccinations, and other...more

2021 New York State, City Legislative and Related Developments; 2022 Outlook

Jackson Lewis P.C. on 1/27/2022

While most of our focus over the last year has been on COVID-19-related developments, New York State and New York City employers also must ensure compliance with other recent and upcoming legal changes...more

U.S. Supreme Court Halts Enforcement of OSHA Vaccine Mandate for Private Employers

Greenbaum, Rowe, Smith & Davis LLP on 1/19/2022

What You Need to Know- •The U.S. Supreme Court granted a temporary stay of OSHA’s requirement mandating that certain private employers require employees to be fully vaccinated against COVID-19 or be subject to weekly...more

Federal Court Puts OSHA’s Emergency COVID Vaccination Mandates on Hold, But Private Employers Must Still Consider Next Steps

Greenbaum, Rowe, Smith & Davis LLP on 11/24/2021

What You Should Know- •OSHA issued an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate COVID-19 vaccinations or regular testing for employees that do not choose to vaccinate. ...more

Important Updates on Federal Contractor Vaccine Mandate—Deadline Extended and Flexibility Added

McCarter & English Blog: Government Contracts... on 11/9/2021

With the addition of new answers to frequently asked questions (FAQs) on November 1, and the November 4 “Fact Sheet” issued by the White House accompanying the rollout of the Department of Labor’s Occupational Safety and...more

Federal Contractor and Subcontractor COVID-19 Guidance

Hahn Loeser & Parks LLP on 11/9/2021

BACKGROUND- Federal contractors and subcontractors have a lot to consider as they navigate the challenges COVID-19 presents to the workplace. On September 9, 2021, President Biden announced his Path Out of the Pandemic:...more

CMS Vaccine Mandate for Healthcare Workers: Resources for Preparing Your Policies

Holland & Hart - Health Law Blog on 11/8/2021

Under the Centers for Medicare & Medicaid Services (CMS)’s new vaccine mandate for healthcare workers, facilities must draft and implement policies and procedures by December 6, 2021 to ensure covered personnel are fully...more

OSHA’s Emergency COVID-19 Vaccination Rule Is Here

McCarter & English, LLP on 11/8/2021

The Occupational Safety and Health Administration (OSHA) released its highly anticipated draft COVID-19 vaccination emergency temporary standard (Vaccine ETS) yesterday. As anticipated, the rule requires most employers with...more

UPDATED: Federal OSHA’s COVID-19 Vaccination or Test Standards for Large Employers are Effective November 5, 2021

Weintraub Tobin on 11/8/2021

UPDATE: FIFTH CIRCUIT BLOCKS ENFORCEMENT OF THE FEDERAL OSHA COVID-19 VACCINE/TESTING MANDATE. On November 6, 2021, a panel of the fifth circuit issued a stay against the enforcement of OSHA‘s new emergency temporary...more

OSHA Issues Emergency Temporary Standard for COVID-19 with Vaccinate-or-Test Mandate for Private Sector Employers with 100 or More...

Akin Gump Strauss Hauer & Feld LLP on 11/5/2021

Key Points - On November 4, 2021, OSHA issued an ETS requiring that all employers with 100 or more employees ensure that their employees are fully vaccinated against COVID-19 by January 4, 2022, or tested weekly. By December...more

OSHA Issues COVID-19 Vaccination Rule: What Employers Need to Know

Roetzel & Andress on 11/5/2021

Yesterday, OSHA released its emergency COVID-19 vaccination rule. Under the rule, employers with over 100 employees must implement a policy by December 5th requiring all employees to either be vaccinated or to undergo regular...more

OSHA Issues Long-Awaited Vaccine Mandate

Sherman & Howard L.L.C. on 11/5/2021

On November 4, the Occupational Safety and Health Administration issued an Emergency Temporary Standard (ETS) requiring most employers in the country to implement COVID-19 vaccine requirements or require employees to present...more

OSHA Issues COVID-19 Vaccine Mandate for Employers of 100 or More Employees

Husch Blackwell LLP on 11/5/2021

On Thursday, November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees. The ETS requires employers to adopt a...more

Vaccine Mandates and Religious Exemptions: Why Employers are Confused

Rumberger | Kirk on 10/29/2021

On January 20, 2021, President Biden issued Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing in which he ordered the heads of executive departments and Federal agencies to immediately take action...more

Vaccine Mandate for Government Contractors: Guidance and FAR Class Deviation Bring Clarity and Questions

ArentFox Schiff on 10/14/2021

On September 9, 2021, President Biden signed Executive Order 14042, "Ensuring Adequate COVID Safety Protocols for Federal Contractors," that directed agencies to include a clause in new contracts, options, and extensions...more

UPDATE: What Federal Contractors and Large Employers Need to Know About the New Vaccine Mandate

Fox Rothschild LLP on 10/13/2021

Update – September 30, 2021: The Task Force issued a set of FAQs regarding the Guidance. Anticipating the upcoming release by OSHA of the ETS (see below), the FAQs make clear that covered contractors and subcontractors must...more

COVID-19 Vaccine Requirements Will Apply To Broad Swath Of Federal Contractors And Their Employees

Jackson Lewis P.C. on 9/30/2021

Federal contractors and subcontractors were left with a lot to consider last Friday (September 24, 2021), when the Safer Federal Workforce Task Force issued COVID-19 Workplace Safety Guidance implementing President Joe...more

Federal Contractor Specific COVID-19 Workplace Safety Guidance Issued By The Safer Federal Workforce Task Force

Husch Blackwell LLP on 9/28/2021

President Biden’s September 9, 2021 Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, directs the federal Safer Federal Workforce Task Force (“Task Force”) to develop COVID-19 workplace...more

Vaccine Guidance For Federal Contractors: The Details

Constangy, Brooks, Smith & Prophete, LLP on 9/27/2021

As we reported on Friday, the Safer Federal Workforce Task Force complied with Executive Order 14042 (“Ensuring Adequate COVID Safety Protocols for Federal Contractors”) by issuing guidance for federal contractors on...more

What To Do Now: Task Force Seeks Broad Coverage And Stringent COVID-19 Protocols For Contractors

Morrison & Foerster LLP on 9/27/2021

On September 24, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued guidance (the “Guidance”) on President Biden’s Executive Order 14042 (the “Order”). Although the Guidance recognizes that the Order is...more

A Return To Normalcy? Check Your Local Rules – An Update On Mask Litigation And Guidelines

Morrison & Foerster LLP on 7/9/2021

Nine months ago, we discussed several issues that had been raised by COVID-19 face mask-related litigation. Soon after, COVID-19 infection rates spiked to unprecedented levels. But with the emergency use authorization of...more

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