OSHA

The Supreme Court issued two opinions on January 13, 2022 relating to federal agency vaccination rules and mandates. In one opinion, the Court issued an emergency stay of the Occupational Safety and Health Administration (OSHA) “vaccine or test” Emergency Temporary Standard (ETS). In another opinion, the Court upheld the Centers for Medicare & Medicaid Services (CMS) vaccine mandate for certain health care providers.… Continue Reading

On December 17, the Sixth Circuit issued an opinion lifting the nationwide stay of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or testing. As previously reported here, the ETS requires employers with 100 or more employees to either require that workers receive the COVID-19 vaccine or submit to regular COVID-19 testing and wear a face covering.… Continue Reading

On the latest episode of our podcast, Business Better, we discuss the current array of federal COVID-19 vaccine mandates: their effectiveness and requirements, the scope of their coverage, and what employers should consider in responding to them. This recording took place on December 1st and does not capture changes which have taken place after this date.… Continue Reading

As we previously reported here, the United States Judicial Panel on Multidistrict Litigation conducted a lottery to determine which of the thirteen federal appeals courts would hear the consolidated cases challenging the Occupational Health and Safety Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination or masking/testing requirements for large employers.… Continue Reading

The Occupational Safety and Health Administration (”OSHA”) has issued its long-awaited Emergency Temporary Standard requiring employers with 100 or more employees to mandate that each worker be fully vaccinated, or subject to at least weekly testing, by January 4. Public employers are not covered by OSHA and will not be subject to the rule. … Continue Reading

On September 20, 2021, the Biden Administration announced a multi-agency initiative to protect employees from excessive workplace heat exposure.  The Administration acknowledged its public health concern arising from heat waves experienced this summer and what it has identified as a systemic threat to workers from exposure to high temperatures – indoors and outdoors – while doing their jobs.… Continue Reading

On August 13, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued detailed updated guidance on appropriate measures for protecting employees in workplaces staffed with both vaccinated and unvaccinated workers.  Importantly, OSHA is now recommending that employers in geographical areas of substantial or high community transmission with mixed-vaccination status employees should require all employees, including fully vaccinated workers, to wear masks “whenever possible,” which OSHA did not define.… Continue Reading

OSHA’s COVID-19 Emergency Temporary Standard (ETS) has been published in the Federal Register, and becomes effective today. As we reported in detail here, most provisions of the ETS must be met within 14 days of the date of publication (i.e., July 6, 2021), but employers will have until July 21, 2021 (30 days total) to comply with certain provisions that require installation of physical barriers, maintenance of ventilation systems, and training. … Continue Reading

Fulfilling a promise made early in the Biden Administration, on June 10, 2021, the Occupational Health and Safety Administration (OSHA) issued an Emergency Temporary Standard (ETS) related to COVID-19.  However, the ETS applies only to healthcare and healthcare support service workers in settings where people with COVID-19 are reasonably expected to be present. … Continue Reading

In April 2020, an executive assistant at a Staten Island health care provider was allegedly terminated for raising COVID-19 related safety concerns about an in-person meeting.  In what may be a sign of litigation to come, the Department of Labor has filed suit against the employee’s former employer alleging violation of the whistleblower provisions of the Occupational Safety and Health Act. … Continue Reading