News & Analysis as of

OSH Act Occupational Safety and Health Administration Supreme Court of the United States

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

DOL Unveils Proposed Heat Illness Prevention Rule as Federal Agency Authority Faces Questions

The Occupational Safety and Health Administration (OSHA) unveiled its long-anticipated proposed heat illness prevention rule, which would require employers to monitor excessive heat in the workplace and develop and implement...more

Parker Poe Adams & Bernstein LLP

Chevron's Overruling Raises Questions Over OSHA's Regulatory Authority

The intricacies of federal administrative law can feel far removed from business’s day-to-day operations, but the Supreme Court’s decision last week in Loper Bright Enterprises v. Raimondo could have profound impacts on the...more

Fisher Phillips

Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

Fisher Phillips on

Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to...more

Hahn Loeser & Parks LLP

OSHA Withdraws Emergency Vaccine-Or-Test Rule, Continues to Develop Permanent Standard

On January 26, 2022, the Occupational Safety & Health Administration (OSHA) withdrew its emergency temporary standard (ETS), which required large employers to either mandate vaccination or weekly COVID-19 testing. The ETS...more

Foley & Lardner LLP

The COVID-19 ETS Is Gone, But Employers Must Still Take and Implement Workplace Protections – or Fail at Their Peril

Foley & Lardner LLP on

As the entire country should know by now, on January 13, 2022, the United States Supreme Court issued an Opinion reinstating the stay of enforcement by OSHA of its Emergency Temporary Standard for COVID-19 (ETS). You can...more

McCarter & English, LLP

The Supreme Court Has Stayed OSHA’s Vaccine-or-Test Emergency Temporary Standard. Now What?

On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine-or-test Emergency Temporary Standard (ETS). This halts OSHA’s enforcement of...more

Wiley Rein LLP

Supreme Court Blocks OSHA Vax-or-Test ETS

Wiley Rein LLP on

What: On January 13, 2022, the U.S. Supreme Court blocked the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS), which required businesses with at least 100 employees to ensure their...more

Jackson Lewis P.C.

SCOTUS Questioning Suggests OSHA ETS is Squeezing an Elephant into a Mousehole

Jackson Lewis P.C. on

The U.S. Supreme Court heard oral arguments Friday in the OSHA ETS case. Of course one never knows how the Court will rule, but if the Justices’ questions are any indication, there could be a 6-3 split in favor of a stay,...more

Jackson Lewis P.C.

Flurry of Briefs Filed Supporting, Opposing OSHA COVID-19 ETS in U.S. Supreme Court

Jackson Lewis P.C. on

With the January 7, 2022, oral argument over the Occupational Safety and Health Administration (OSHA) Vaccine or Test Emergency Temporary Standard (ETS) in the U.S. Supreme Court fast-approaching, many amici curiae...more

Holland & Hart - Employers' Lawyers

Federal Mandatory COVID-19 Vaccine Mandates: The Saga Continues

Of all of the vaccination mandates issues by the federal government, OSHA’s emergency temporary standard (“ETS”) has likely received the most attention lately. The enforceability of the ETS, or lack thereof, has been a...more

Husch Blackwell LLP

Sixth Circuit Lifts ETS Stay - OSHA Delays Noncompliance Citations

Husch Blackwell LLP on

Employers are facing yet another twist in the ongoing saga of the vaccine mandates issued by the Biden Administration earlier this year. On Friday, December 17, 2021, the Sixth Circuit dissolved the Fifth Circuit’s stay of...more

Wiley Rein LLP

Sixth Circuit Court of Appeals Reinstates OSHA ETS

Wiley Rein LLP on

WHAT: On December 17, 2021, the United States Court of Appeals for the Sixth Circuit dissolved the stay of the Occupational Health and Safety Administration’s Emergency Temporary Standard (OSHA and the ETS) previously ordered...more

Jackson Lewis P.C.

The OSHA ETS Legal Battle Continues: Petitioners Request En Banc Review; Government Files Emergency Motion to Dissolve Stay

Jackson Lewis P.C. on

Multiple groups of petitioners in the newly consolidated litigation and renamed challenge to the OSHA ETS, now known as the “OSHA Covid Rule Case,” Docket No, 21-7000, MCP No. 165 (6th Cir.) have asked the court to hear the...more

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