News & Analysis as of

Temporary Regulations Workplace Safety

Ervin Cohen & Jessup LLP

Cal/OSHA Establishes Non-Emergency COVID-19 Preventive Regulations

Faced with the expiration of its COVID-19 Emergency Temporary Standards, Cal/OSHA voted to establish non-emergency standards. Once approved by the Office of Administrative Law, which is expected to take place in January of...more

BakerHostetler

Upcoming Changes to California's COVID-19 Workplace Regulations

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Over the past few months, California lawmakers and regulators have considered several significant changes to California’s COVID-19 workplace requirements for 2023 and beyond. On Sept. 29, Governor Gavin Newsom signed AB 2693...more

Parker Poe Adams & Bernstein LLP

Federal Courts Reject a Union's Attempt to Force OSHA to Issue New COVID-19 Rules

​​​​​​​It may seem like a lifetime ago, but employers may recall that in late 2021, the federal Occupational Safety and Health Administration (OSHA) withdrew its health care emergency temporary standard (ETS) for COVID-19,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Workplace Safety in Arizona: OSHA Delays Decision on Proposal to Revoke State Plan

The federal Occupational Safety and Health Administration (OSHA) is holding off on deciding whether to revoke final approval of Arizona’s occupational safety and health (OSH) plan. On August 10, 2022, OSHA said it is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cal/OSHA Standards Board’s COVID-19 ETS Proposal Provisions

​​​​​​​On September 15, 2022, the California Occupational Safety and Health Standards Board will continue the long and arduous journey to establish COVID-19 safety measures in the workplace. Since the California Division of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cal/OSHA Standards Board’s Draft COVID-19 Prevention Regulation Scheduled to Take Effect January 1, 2023

On May 6, 2022, the State of California Office of Administrative Law (OAL) adopted the third revision of the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standard (ETS),...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

CDPH Issues Updated Order Drastically Changing Employers’ Obligations Under Cal/OSHA COVID-19 ETS

Currently, the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS) requires employers to review and use current California Department of Public Health (CDPH)...more

Stokes Wagner

Cal-OSHA Eases Emergency COVID Workplace Standards

Stokes Wagner on

For the third time, California has re-adopted and revised its COVID-19 Prevention Emergency Temporary Standards (“ETS”), mirroring current State and local regulations easing pandemic-related restrictions. While the ETS still...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cal/OSHA Updates COVID-19 ETS FAQs and Issues Fact Sheet for California Employers

On May 7, 2022, the day after the latest revision to the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Prevention Emergency Temporary Standards (ETS) went into effect, Cal/OSHA issued updated...more

Ervin Cohen & Jessup LLP

Cal/OSHA Standards Board Adopts New COVID-19 Prevention Emergency Temporary Standards

On April 21, 2022, the Cal/OSHA Standards Board (Board) met and formally adopted a third version of the COVID-19 Emergency Temporary Standards (ETS) by a vote of 6-1.   The new ETS makes a number of changes to prior ETS...more

Parker Poe Adams & Bernstein LLP

Federal OSHA Threatens Arizona with Loss of State Enforcement Authority

The Occupational Safety and Health Act (OSHA) established a dual enforcement structure for inspections and citations for workplace safety issues. Either federal OSHA enforces the law, or states have the option of electing to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cal/OSHA Standards Board Adopts Third COVID-19 ETS to Remain in Effect Until December 31, 2022

On April 21, 2022, by a 6-1 vote, the California Occupational Safety and Health Standards Board voted to adopt the proposed revisions to the current COVID-19 emergency temporary standards (ETS). The only no vote was from a...more

Ervin Cohen & Jessup LLP

Cal/OSHA Standards Board Planning to Adopt New COVID-19 Prevention Emergency Temporary Standards

The Cal/OSHA Standards Board has scheduled a meeting for April 21, 2022, to adopt a third version of the COVID-19 Emergency Temporary Standards (ETS). The proposed changes will serve to modify several portions of the ETS,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cal/OSHA Proposes Changes to Third COVID-19 ETS; Standards Board to Consider Adoption on April 21

On November 30, 2020, the California Division of Occupational Safety and Health (Cal/OSHA) adopted the first COVID-19 Emergency Temporary Standards for California. As of April 6, 2022, Cal/OSHA has proposed a third readoption...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Announces Intent to Focus Inspections in Healthcare Facilities With Attention on COVID-19 Healthcare ETS

The Occupational Safety and Health Administration (OSHA) remains focused on the pandemic in certain workplaces as indicated by its announcement of a new National Emphasis Program (NEP) related to COVID-19. Interestingly, the...more

Stark & Stark

The ETS, the Supreme Court Ruling, and the Vax-or-Test Rollercoaster: What Should Your Business Do Now? - Update

Stark & Stark on

Temporary Standard (ETS) The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next. On January 13, 2022,...more

Parker Poe Adams & Bernstein LLP

Federal Judge Puts Vaccine Mandate for Federal Employees on Hold

A federal district court judge in Texas issued a nationwide injunction blocking implementation of the White House’s COVID-19 vaccination mandate for federal employees. The judge relied on the U.S. Supreme Court’s recent...more

Woods Rogers

OSHA Pursues A Different COVID Strategy

Woods Rogers on

Effective January 26, 2022, the Occupational Safety and Health Administration (OSHA) has withdrawn its Emergency Temporary Standard (ETS) that would have required employers with 100 or more employees to ensure that their...more

Clark Hill PLC

OSHA Withdraws Temporary COVID-19 Vaccine Rule, Foreshadows Permanent Standard

Clark Hill PLC on

On Jan. 25, the federal Occupational Safety and Health Administration (OSHA) responded to the Supreme Court’s recent stay of its Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or testing by releasing a rule...more

Stark & Stark

The ETS, the Supreme Court Ruling, and the Vax-or-Test Rollercoaster: What Should Your Business Do Now?

Stark & Stark on

The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next. On January 13, 2022, the United States Supreme...more

Miles & Stockbridge P.C.

SCOTUS Axes Biden’s Vaccine or Testing Mandate for Large Employers

After hearing oral argument on January 7, 2022, on January 14, 2022, the Supreme Court issued a ruling staying the Biden administration’s vaccine or testing mandate for large employers. As many doubtless know, on...more

Tucker Arensberg, P.C.

The U.S. Supreme Court Stays OSHA’s Vaccine Mandate: What It Means For Employers

Tucker Arensberg, P.C. on

On January 13, 2022, the United States Supreme Court stayed the vaccine-or-test mandate issued by the Occupational Safety and Health Administration (“OSHA”) for private sector employers with 100 or more employees. This...more

Smith Anderson

The Supreme Court Upholds CMS Vaccine Mandate For Healthcare Workers, Not OSHA Mandate For Large Employers

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A pair of rulings issued by the United States Supreme Court on January 13, 2022 provided employers with some clarity on vaccine mandates pushed by the Biden Administration. One ruling blocked the Vaccination or Test Emergency...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oregon OSHA Announces Stance on Federal Vaccine-or-Test Standard

On January 13, 2022, the Oregon Occupational Safety and Health Division (Oregon OSHA) announced that because the Supreme Court of the United States has stayed the federal Occupational Safety and Health Administration’s (OSHA)...more

WilmerHale

Supreme Court Halts OSHA's Vaccine or Test Mandate

WilmerHale on

Yesterday the Supreme Court stayed the Occupational Health and Safety Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS), resolving months of legal uncertainty over its fate. In blocking the...more

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