On January 7, 2022, the Illinois Department of Labor (IDOL) filed peremptory rules adopting the U.S. Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS)....more
On December 27, the Occupational Safety and Health Administration issued a statement announcing the withdrawal of the non-recordkeeping portions of its health care emergency temporary standard (ETS). OSHA originally announced...more
Keeping track of a dizzying number of injunctions and stays by multiple federal district courts and courts of appeal involving three separate federal COVID-19 vaccination mandates with a couple exceptions is no small task....more
Just over a month ago, in “Vexations and Uncertainty in Workplace COVID-19 Vaccine Mandates, I discussed the ETS, which was effective on November 5, 2021. I also discussed the United States Court of Appeals for the Fifth...more
Despite a recent court ruling covering three states, most federal government contractors still must comply with the COVID-19 vaccine mandate ("Contractor Vaccine Mandate") included in President Biden’s Executive Order 14042,...more
In a November 30, 2021, order, a federal judge sitting in Louisiana entered a nationwide preliminary injunction against the Biden administration’s Centers for Medicare and Medicaid Services’ (CMS) interim final rule entitled...more
As November came to an end, federal courts across the country continue to examine and issue preliminary rulings on challenges to various COVID vaccine mandates put in place by the Biden Administration. At the beginning of...more
On November 29, 2021, a federal court in Missouri enjoined the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate in the following states: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire,...more
As you may have heard in the news, there have already been several challenges to the legality of the ETS. The 5th Circuit issued a temporary injunction against enforcement of the ETS, and in response, OSHA has announced a...more
COVID-19 has had a unique and continued impact on health and safety requirements in the workplace. As a result, laws are being revised to catch up to the current work climate....more
On November 12, the United States Court of Appeals for the Fifth Circuit issued an order staying the enforcement and implementation of the Occupational Safety and Health Administration’s vaccinate-or-test emergency temporary...more
Employers with 100 or more employees may wish to begin preparing for the emergency temporary standard’s imminent deadlines, despite pending legal challenges. ...more
Many employers are asking the same question: Should we enact the written vaccine policies required in the emergency temporary standard (ETS) issued by the Occupational Safety and Health Administration? ...more
On November 5, 2021, the U.S. Occupational Safety and Health Administration published its anticipated emergency temporary standard on COVID-19 Vaccination and Testing (the “ETS”). Citing the “grave danger” posed by the virus...more
Buried in the new Occupational Safety and Health Administration COVID-19 emergency temporary standard (ETS) is a reminder to employers about new alternative requirements for use of respirators to help control workplace...more
Employers covered under OSHA’s Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”) have a duty to bargain with unions representing employees over certain aspects of the ETS, according to Jennifer Abruzzo,...more
On November 5, 2021, the federal Department of Labor’s Occupational Safety and Health Administration (OSHA) published its "COVID-19 Vaccination and Testing, Emergency Temporary Standard" (ETS) for employers with 100 or more...more
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its Emergency Temporary Standard (ETS) applicable to all private employers in the United States with 100 or more employees. ...more
On November 4, 2021, as President Biden ordered, the Occupational Safety and Health Administration (OSHA) released its emergency temporary standard (ETS) concerning vaccination requirements. As predicted, the ETS requires...more
Employers with 100 or more employees should continue to develop policies requiring workers either to be fully vaccinated against COVID-19 or to submit to weekly testing and other safety requirements, in the expectation that...more
On November 5th, 2021, the federal Occupational Safety and Health Administration (OSHA) issued an emergency regulation that assigns US employers a central role in the Biden Administration’s COVID-19 pandemic response. Several...more
In early September, as part of its six-pronged COVID-19 Action Plan, the White House directed the Occupational Health and Safety Administration (“OSHA”) to develop and implement a rule requiring all businesses with 100 or...more
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) revealed its Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing, which has been published in the Federal Register and is...more
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
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). Earlier this year, President Biden directed OSHA to issue an ETS...more