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Appellate Courts › Workplace Safety › Occupational Safety and Health Administration

Marshall Dennehey

Appellate Division Affirms Dismissal of Construction Zone Death Suit Against Employer and Engineering Firms Based on Workers’...

Marshall Dennehey on

Estate of Mike Alexander, Deceased, et al. v. Northeast Sweepers, et al., No. A-1486-23 (June 19, 2025) - On July 11, 2014, Michael Alexander was struck and killed by a sweeper truck while working in an active construction...more

Fisher Phillips

Workers Aim to Outmaneuver OSHA and Seek Court Relief for Workplace Safety Claims: What it Could Mean for Your Business

Fisher Phillips on

A three-judge panel of the Third Circuit Court of Appeal recently heard oral arguments on the issue of when federal courts may intervene in workplace safety disputes between employers and their employees, as OSHA squared off...more

Amundsen Davis LLC

California Court Opens the Litigation Floodgate Re: COVID-19 Exposure in the Workplace

Amundsen Davis LLC on

In See’s Candies v. Ek, a California Appellate Court ruled that the plaintiff’s claims against her employer for negligence were not preempted by the exclusivity provisions of the California Workers’ Compensation Act; thus,...more

Adler Pollock & Sheehan P.C.

“Grave Danger”: Federal Vaccination Mandate Down But Not Out

Adler Pollock & Sheehan P.C. on

The White House’s plan to vaccinate American workers against COVID-19 is in trouble. In September, President Joe Biden announced that the Office of Health and Human Services (“OSHA”) would pass an Emergency Temporary...more

Laner Muchin, Ltd.

Considerations for Large Employers Caught in the Middle of the OSHA ETS Litigation

Laner Muchin, Ltd. on

On November 5, 2021, the highly anticipated OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) was issued. One day later, November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily...more

Hahn Loeser & Parks LLP

Sixth Circuit Selected to Review OSHA’s Vaccine-or-Testing Workplace Rule

Hahn Loeser & Parks LLP on

OSHA’s Emergency Temporary Standard (ETS) affects employers with 100 or more employees, requiring covered employers to implement a mandatory vaccination policy for employees to be fully vaccinated or submit to weekly testing....more

Husch Blackwell LLP

Suspended: Implementation of OSHA's Vaccine Mandate for Large Employers

Husch Blackwell LLP on

On November 12, 2021, in BST Holdings, L.L.C. et al., v. Occupational Safety and Health Administration, the U.S. Court of Appeals for the Fifth Circuit affirmed the initial temporary stay of the Occupational Safety and Health...more

Parker Poe Adams & Bernstein LLP

OSHA's Vaccinate-or-Test Standard Is Delayed. What About Health Care Employers?

Parker Poe Adams & Bernstein LLP on

On November 12, the United States Court of Appeals for the Fifth Circuit issued an order staying the enforcement and implementation of the Occupational Safety and Health Administration’s vaccinate-or-test emergency temporary...more

Constangy, Brooks, Smith & Prophete, LLP

On vaccine ETS, OSHA stands down, Sixth Circuit wins lottery

Constangy, Brooks, Smith & Prophete, LLP on

Wild times. The Occupational Safety and Health Administration has posted this on its COVID-19 and Vaccine Emergency Temporary Standard web page (emphasis is mine):...more

Jackson Lewis P.C.

Federal Appeals Court Deals Blow To OSHA’s Ability To Cite Repeat Violations

Jackson Lewis P.C. on

On Tuesday, October 27, 2020, the U.S. Court of Appeals for the Tenth Circuit issued a long- awaited decision in Sec’y of Labor v. Wynnewood Refining Co., LLC. That case originated in 2012 when OSHA inspected the company...more

Mitchell, Williams, Selig, Gates & Woodyard,...

AFL-CIO Emergency Petetion for Writ of Mandamus: U.S. Court of Appeals for the D.C. Circuit Addresses Request for OSHA COVID-19...

Mitchell, Williams, Selig, Gates & Woodyard,... on

The United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) June 11th Order addressed a petition submitted by the American Federation of Labor and Congress of Industrial Organizations (“AFL-CIO”) related to...more

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