Seyfarth Synopsis: OSHA has withdrawn its private employer COVID-19 Vaccination and Testing ETS, effective Tuesday, January 25, 2022....more
Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2022 increases to civil penalties....more
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
1/14/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
Seyfarth Synopsis: The OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) will require unvaccinated employees to submit weekly COVID-19 testing results by February 9, 2022. New guidance from the Biden...more
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
Seyfarth Synopsis: According to the Bureau of Labor Statistics, the number of fatal work injuries in 2020 was the lowest since 2013....more
Seyfarth Synopsis: The CDC’s shorter isolation and quarantine requirements will allow employers to get many COVID-19 positive employees and exposed, unvaccinated employees back to work 5 days sooner. ...more
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
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
Seyfarth Synopsis: On December 7, 2021, United States District Judge for the Southern District of Georgia R. Stan Baker enjoined the government “during the pendency of this action or until further order of this Court, from...more
In a November 30, 2021 opinion blocking the Biden Administration’s federal contractor COVID-19 vaccine mandate, Judge Gregory F. Van Tatenhove, U.S. District Judge for the Eastern District of Kentucky posed a “narrow”...more
Seyfarth Synopsis: The National Safety Council (NSC) released an update to its annual list of OSHA’s top-ten cited standards. The list provides a starting point for employers to review their own safety programs on an annual...more
Seyfarth Synopsis: The U.S. Department of Labor Tweeted and blogged about the safety of workers during the busy holiday season, indicating an area of potential enforcement for OSHA in the coming weeks....more
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
On Friday, November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit extended its initial stay regarding OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Fifth Circuit made clear how...more
Seyfarth Synopsis: The New York Department of Labor published “Frequently Asked Questions” which address occupational cannabis issues under the adult-use cannabis and the Marijuana Regulation and Taxation Act (MRTA)....more
The much-anticipated OSHA Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) posted this morning, November 4, 2021, for public inspection. The ETS...more
Seyfarth Synopsis: On October 28, 2021, an amendment to the Illinois Health Care Right of Conscience Act passed the Illinois General Assembly and made its way to Governor Pritzker’s desk. The amendment creates a COVID-19...more
Seyfarth Synopsis: OSHA is initiating a rulemaking to develop a heat illness standard....more
Seyfarth Synopsis: Yesterday the Senate voted to confirm Doug Parker to serve as Assistant Secretary of the Occupational Safety and Health Administration (OSHA)....more
Seyfarth Synopsis: Federal OSHA is warning Arizona, South Carolina, and Utah that they risk a federal takeover of their worker safety programs unless they adopt a federal emergency temporary standard (ETS) protecting...more
Seyfarth Synopsis: On October 12, 2021, OSHA submitted to the White House’s Office of Information and Regulatory Affairs (“OIRA”) an emergency temporary standard requiring private employers with more than 100 employees to...more
Seyfarth Synopsis: OSHA intends to restore an Obama-era requirement that employers submit OSHA 300 logs and OSHA 301 reports electronically, ostensibly to improve the Agency’s data and to potentially target employers with...more
Seyfarth Synopsis: California Governor Gavin Newsom signed SB 606 into law on September 27, 2021. It creates two new categories of Cal/OSHA violations: “enterprise-wide” and “egregious”. It also provides Cal/OSHA with...more
Seyfarth Synopsis:OSHA recently announced a three-pronged approach to establish a heat illness enforcement initiative, pertaining to both indoor or outdoor work settings: an enforcement memorandum, a National Emphasis...more