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Third Iteration of the Cal/OSHA ETS Approved

Seyfarth Synopsis: On April 21, 2022, the Cal/OSHA Standards Board (“Board”) voted 6-1 to approve a third adoption of the Cal/OSHA COVID-19 emergency temporary standard (“ETS”). The revised ETS will likely go into effect the...more

Third Iteration of the Cal/OSHA ETS is Around the Corner

Seyfarth Synopsis: The Cal/OSHA Standards Board (“Board”) has published proposed language for the third adoption of the Cal/OSHA COVID-19 emergency temporary standard (“ETS”), which will be voted on during the upcoming April...more

OSHA Acknowledges Reality; Withdraws COVID-19 Vaccination and Testing ETS

Seyfarth Synopsis: OSHA has withdrawn its private employer COVID-19 Vaccination and Testing ETS, effective Tuesday, January 25, 2022....more

OSHA ETS Stayed Again — Supreme Court Characterizes ETS as Public Health Measure Outside of OSHA’s Jurisdiction

Seyfarth Synopsis: On January 13, 2022, the Supreme Court stayed enforcement of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”), pending further litigation in the U.S. Court of Appeals for the...more

Supreme Court Special Session – The U.S. Supreme Court Hears Arguments on the OSHA COVID-19 ETS

Seyfarth Synopsis: In an unusual special session, on January 7, 2022, the U.S. Supreme Court heard oral arguments regarding OSHA’s Vaccination and Testing Emergency Temporary Standard (ETS), which requires employers with 100...more

Supreme Court Will Hold Special Session on OSHA’s COVID-19 Vaccination and Testing ETS, as well as Healthcare CMS Vaccination...

Seyfarth Synopsis: On January 7, 2022, in an extraordinary open session, the Supreme Court will reconsider the dissolved stay of the OSHA ETS, as well as the injunctions blocking the CMS healthcare vaccination mandate in 25...more

OSHA’s COVID-19 Vaccination and Testing ETS Revived as Sixth Circuit Dissolves Stay

Seyfarth Synopsis: On December 17, 2021, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit dissolved its sister Fifth Circuit’s stay of the Occupational Safety and Health Administration’s COVID-19...more

Cal/OSHA Adopts Revised and Restrictive COVID-19 ETS

Seyfarth Synopsis: On December 16, 2021, the Cal/OSHA Standards Board voted to readopt the COVID-19 Emergency Temporary Standard (“ETS”) with changes that will take effect January 14, 2022. This readoption includes many...more

U.S. Court of Appeals for the Sixth Circuit Selected to Rule on OSHA COVID ETS Per Judicial Panel on Multidistrict Litigation

Seyfarth Synopsis: The Judicial Panel on Multidistrict Litigation (MDL) lottery selected the U.S. Court of Appeals for the 6th Circuit to hear the consolidated legal challenges to OSHA’s COVID-19 Vaccination and Testing...more

It’s Finally Here! And it Applies Broadly: The Safer Federal Workforce Task Force Releases Safety Guidance for Federal Contractors

As directed by President Biden’s September 9, 2021 Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors,” today the Safer Federal Workforce Task Force issued workplace safety guidance...more

King County WA, Including Seattle, Adopts Vaccine Verification Requirements and Encourages Employers To Do The Same

Seyfarth Synopsis: Starting Oct. 25, patrons will be required to provide proof of full vaccination or a negative test for COVID-19 to enter any restaurant, bar, gym, theater, or entertainment venue in King County. Employers...more

OSHA to Issue New COVID Emergency Temporary Standard Mandating COVID-19 Vaccination, Testing, Paid Time Off

Seyfarth Synopsis: President Biden announced a six-pronged, “comprehensive national strategy” to combat COVID-19, which will include a second OSHA Emergency Temporary Standard requiring vaccines or testing....more

FDA Grants Full Approval to the Pfizer Vaccine

Seyfarth Synopsis: Today the FDA approved Comirnaty (COVID-19 Vaccine, mRNA), previously known as Pfizer-BioNTech COVID-19 Vaccine, to prevent COVID-19 disease in individuals 16 and older. This could be big news for those on...more

OSHA Issues Updated Protecting Workers Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Seyfarth Synopsis: Today OSHA updated its Protecting Workers Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace to adopt recommendations “analogous” to the July 27, 2021 Centers for Disease Control...more

President Biden to Require Federal Workers, Contractors to Provide Vaccine Attestation or Mask, Distance, and Test Multiple Times...

Seyfarth Synopsis: President Biden recently laid out his administration’s next steps in efforts to get more Americans vaccinated. On July 29, 2021, the White House released “Remarks by President Biden Laying Out the Next...more

Time to Mask Up Again? CDC Revises Mask Guidance for Vaccinated Individuals

Seyfarth Synopsis: On July 27, 2021, the CDC revised its mask guidance in response to the burgeoning threat of the COVID-19 Delta variant, recommending that all individuals — including those who are vaccinated — wear masks...more

Finally! Cal/OSHA Approves Revised Emergency Temporary Standard

Seyfarth Synopsis: Following a rollercoaster ride that lasted for weeks, and culminated in another 4.5 hour long marathon meeting, on June 17, 2021, Cal/OSHA finally approved a revised version of its Emergency Temporary...more

Cal/OSHA Standards Board Approves Controversial Changes to COVID-19 ETS

Seyfarth Synopsis: On June 3, 2021, the California Occupational Safety & Health Standards Board (OSHSB) voted late in the evening to approve Cal/OSHA’s proposed revised Emergency Temporary Standard (ETS). The revised ETS...more

For Real Now: Cal/OSHA Board Considering Changes to COVID-19 ETS

Seyfarth Synopsis: The California Occupational Safety & Health Standards Board (OSHSB) was supposed to consider changes to the COVID-19 Emergency Temporary Standard (ETS) on May 20, 2021. But after the CDC published a May 13,...more

Employers Do Not Need To Record Adverse COVID-19 Vaccine Reactions on their OSHA Form 300 Log

Seyfarth Synopsis: OSHA recently issued additional guidance addressing whether employers need to record an employee’s adverse vaccine reaction on their 300 Log....more

OSHA Temporarily Adopts CDC Guidance for Fully Vaccinated Employers

Seyfarth Synopsis: On May 18, 2021, OSHA adopted (by reference) CDC’s May 13, 2021 guidance for fully vaccinated individuals in many non-healthcare settings. Specifically, OSHA announced that employers should “refer to the...more

Breathe Easy – CDC Advises that Fully Vaccinated People Need Not Mask or Social Distance in Most Settings

Seyfarth Synopsis: On May 13, 2021, the CDC announced further updated recommendations for fully vaccinated people in non-healthcare settings....more

Oregon Finalizes COVID-19 Worker Safety Rules

Seyfarth Synopsis: This week, the State of Oregon issued a final COVID-19 worker protection standard, replacing its temporary rule adopted six months ago. The final rule, effective on May 4th with certain provisions phasing...more

CDC Publishes Guidance on Domestic Travel During the COVID-19 Pandemic

Seyfarth Synopsis: The CDC recently updated its Guidance on Domestic Travel During the COVID-19 Pandemic. The guidance also provides domestic travel recommendations for unvaccinated people....more

So Your Employee Got Their COVID-19 Vaccination – What does that Mean for Inter-Personal Relations With Other Employees, Clients,...

Seyfarth Synopsis: Now, after more than 80 million vaccine doses have been given out in the US, and having weathered a year of Zoom-only visits with fellow employees, clients, and customers, those who have been vaccinated are...more

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