On Thursday, January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Court remanded...more
1/14/2022
/ Administrative Authority ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, January 7, 2022, the Supreme Court of the United States heard oral arguments on challenges to the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard...more
1/10/2022
/ Case Consolidation ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Medicaid ,
Medicare ,
Oral Argument ,
OSHA ,
Preemption ,
Regulatory Authority ,
SCOTUS ,
Vaccinations ,
Virus Testing
On December 17, 2021, a three-judge panel of the Sixth Circuit Court of Appeals dissolved the stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard...more
On November 4, 2021, the U.S. Occupational Safety and Health Administration (OSHA) issued a new emergency temporary standard (ETS) that requires employers with 100 or more employees to ensure that their employees are either...more
11/4/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Employment Policies ,
Masks ,
OSHA ,
Preemption ,
Recordkeeping Requirements ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 9, 2021, the Biden administration announced a new plan to combat the ongoing coronavirus pandemic in the United States. A critical component of that plan calls on the U.S. Occupational Safety and Health...more
On June 10, 2021, simultaneous with the issuance of its Emergency Temporary Standard (ETS) for COVID-19 focusing on healthcare employers, the Occupational Safety and Health Administration (OSHA) released its new COVID-19...more
On the morning of June 9, 2021, the White House Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) announced it completed its review of the Occupational Safety and Health Administration’s...more
On May 21, 2021, the Occupational Safety and Health Administration (OSHA) revoked recent enforcement guidance issued to clarify the recordability of situations where employees suffered adverse side effects from a COVID-19...more
In July 2020, the Safety and Health Codes Board of the Virginia Department of Labor and Industry approved an emergency temporary standard for COVID-19. In so doing, Virginia became the first state to issue such a temporary...more
On January 21, 2021, President Joseph R. Biden Jr. issued an executive order requiring the federal government to take “swift action” to protect U.S. workplaces from the COVID-19 pandemic. He ordered the U.S. Occupational...more
On November 6, 2020, the Oregon Occupational Safety and Health Administration (Oregon OSHA), the state plan responsible for overseeing workplace safety and health in the state of Oregon, released its final COVID-19 temporary...more
On August 17, 2020, the Oregon Occupational Safety and Health Administration (Oregon OSHA), the state plan responsible for overseeing workplace safety and health in the state of Oregon, released a draft COVID-19 temporary...more
On July 7, 2020, the federal Occupational Safety and Health Administration (OSHA) issued COVID-19 control and prevention guidance for oil and gas industry workers and employers. The guidance supplements OSHA’s interim...more
On June 25, 2020, the Occupational Safety and Health Administration (OSHA) issued Inspection Procedures for the Respirable Crystalline Silica Standards. The new procedures, 124 pages in length, went into effect immediately....more
Parts of the country have begun the process of returning to work, in places where COVID-19 infection rates have flattened or shown a decline. But the risk of becoming infected with COVID-19 remains, and some employers may be...more
5/28/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
NLRA ,
NLRB ,
OSHA ,
Paid Leave ,
Paid Time Off (PTO) ,
Protected Activity ,
Return-to-Work Agreements ,
Right to Strike ,
Section 7 ,
Strike ,
Workplace Safety ,
World Health Organization
On May 19, 2020, the federal Occupational Safety and Health Administration (OSHA) issued Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19) under the agency’s recordkeeping regulation at...more
On May 14, 2020, the Occupational Safety and Health Administration (OSHA) issued a one-page guidance sheet titled “COVID-19 Guidance for Nursing Home and Long-Term Care Facility Workers.” The guidance lists several tips that...more
On April 24, 2020, the Occupational Safety and Health Administration (OSHA) issued a memorandum titled “Enforcement Guidance on Decontamination of Filtering Facepiece Respirators in Healthcare During the Coronavirus Disease...more
Almost every state has issued closure orders designating certain businesses as “essential” and allowing them to continue to operate during the COVID-19 pandemic. Some states have recently issued orders expressly or implicitly...more
On April 13, 2020, the federal Occupational Safety and Health Administration (OSHA) issued its Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19), which provides a blueprint for the agency’s Area...more
On April 10, 2020, the federal Occupational Safety and Health Administration (OSHA) issued interim enforcement guidance for recording cases of the novel coronavirus (COVID-19) under the agency’s recordkeeping regulation at 29...more
On April 8, 2020, the Occupational Safety and Health Administration (OSHA) issued an enforcement memorandum titled Expanded Temporary Enforcement Guidance on Respiratory Protection Fit-Testing for N95 Filtering Facepieces in...more
After relaxing enforcement on the use of expired N95 respirators and on their extended use and reuse, late on April 3, 2020, the Occupational Safety and Health Administration (OSHA) issued an Enforcement Guidance for Use of...more
Following up on its recent temporary enforcement guidance permitting suspension of N95 annual fit-testing for healthcare employers, on April 3, 2020, the Occupational Safety and Health Administration (OSHA) issued an interim...more
Now that the U.S. Equal Employment Opportunity Commission (EEOC) acknowledges that employers may implement temperature screening measures in response to the current COVID-19 pandemic, many employers want to conduct them, and...more