News & Analysis as of

Employer Liability Issues Constitutional Challenges Occupational Safety and Health Administration

Seyfarth Shaw LLP

I’ll Be Back: Oregon OSHA’s “For-Cause” Inspection Program May Result in an Unlawful Return Visit

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Oregon OSHA institutes program for comprehensive follow-up inspections based on an employer’s violation history, which necessitates employer care during inspections and negotiation of settlements....more

Pullman & Comley - Labor, Employment and...

Red Light, Green Light: A Status Update on Federal Vaccine Mandates for Private Employers

OSHA’s Emergency Temporary Standard - On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring most employers with 100 or more employees to either...more

Lowndes

OSHA Throws in Towel on Emergency "Vaccinate-or-Test" Mandate; Permanent Rule Looms

Lowndes on

Wednesday, OSHA formally withdrew the ETS (large employer "vaccinate-or-test" rule) as a binding, enforceable emergency temporary standard. OSHA took this action after the U.S. Supreme Court blocked OHSA from implementing its...more

Kohrman Jackson & Krantz LLP

Biden Administration Withdraws Workplace Vaccine Mandate

The Occupational Safety and Health Administration (OSHA) formally withdrew the COVID-19 vaccine mandate for large private employers effective Jan. 26, 2022. This announcement follows the United States Supreme Court’s recent...more

Bodman

OSHA Withdraws the Vaccinate-or-Test Emergency Temporary Standard

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On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) released its controversial Emergency Temporary Standard (“ETS”), which required “large” employers to implement COVID-19 vaccine mandates or...more

Kohrman Jackson & Krantz LLP

After Scotus Ruling On Vax Mandate, What’s Next For Employers?

On Jan. 13, 2022, the United States Supreme Court (SCOTUS) granted an emergency request for relief staying the Occupational Safety and Health Administration’s Emergency Temporary Standard (ETS), requiring all employers with...more

Levenfeld Pearlstein, LLC

Supreme Court Halts OSHA Vaccine/Testing Mandate, But Permits Healthcare Industry Requirement

Recently, the U.S. Supreme Court blocked the OSHA Emergency Temporary Standard (“ETS”) that would have required all employers with 100+ employees to mandate vaccination or testing, while allowing the Department of Health and...more

Stinson - Government Contracting Matters

More Administration Actions on the COVID-19 Vaccination Front

The Biden Administration continues its march towards implementation and enforcement of permanent vaccination mandates. OSHA withdraws OSHA Emergency Temporary Standard (ETS) - On January 13, 2022, the Administration’s...more

Littler

Federal OSHA Withdraws its Vaccine-or-Test ETS: What’s Next?

Littler on

On January 26, 2022, the federal Occupational Safety and Health Administration (OSHA) withdrew its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), which required large employers to ensure that their...more

FordHarrison

OSHA Withdraws COVID-19 Shot-Or-Test Emergency Rule

FordHarrison on

The Occupational Safety and Health Administration (OSHA) is withdrawing its COVID-19 vaccination or testing rule that previously applied to large employers. The withdrawal follows the U.S. Supreme Court’s January 13 decision...more

Polsinelli

OSHA Withdraws Vax-or-Test Emergency Temporary Standard

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Following the Supreme Court’s ruling earlier this month, the Occupational Safety and Health Administration (“OSHA”) is withdrawing the vaccination and testing emergency temporary standard (“ETS”). The withdrawal is effective...more

Robinson+Cole Environmental Law +

OSHA Withdraws Vaccination and Testing ETS

Effective January 26, 2022, OSHA withdrew its enforcement of its COVID-19 Emergency Temporary Standard (ETS), which would have required many employers to mandate vaccination or regular testing for employees. As we have...more

Proskauer - Law and the Workplace

OSHA Withdraws Emergency Temporary Standard Mandating Vaccination or Testing/Masking Policies for Employers with 100 or More...

On January 25, 2022, OSHA filed a notice withdrawing its Emergency Temporary Standard (“ETS”). The ETS had mandated that employers with 100 or more employees require all employees to be fully vaccinated against COVID-19 or to...more

Dentons

COVID-19 Policies and US Employers: Charting a Path Forward

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The legal landscape around COVID-19 policies and vaccine mandates in the workplace continues to shift under the feet of US employers. With the January 13 US Supreme Court ruling on the OSHA and CMS vaccine rules, and...more

Nelson Mullins Riley & Scarborough LLP

U.S. Supreme Court Halts OSHA’s “Vaccine or Test” Mandate but Upholds CMS Vaccination Requirement for Healthcare Workers

On January 13, 2022, the U.S. Supreme Court blocked OSHA’s “vaccine or test” Emergency Temporary Standard (“ETS”) mandate in a split 6-3 decision.  Without the ETS, employers are not required to mandate vaccinations, but...more

Epstein Becker & Green

CMS Vaccine Mandate: New Hospital Survey Procedures and Deadlines

Epstein Becker & Green on

On January 14, 2022, after the decision by the U.S. Supreme Court in Biden v. Missouri, the Centers for Medicare & Medicaid Services (CMS) issued guidance in QSO-22-09-ALL (“January 14 Memo”) on application of the November 5,...more

Arnall Golden Gregory LLP

Supreme Court Issues Split Decisions on Federal Vaccine Mandates

On January 13, 2022, the U.S. Supreme Court (“Court”) issued split decisions regarding Federal vaccine mandates issued by the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health...more

Saul Ewing LLP

What's Next for Employers After the SCOTUS' Decisions on the OSHA ETS Mandate and the CMS Rule?

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What’s Next for Employers After SCOTUS’ Decisions on the OSHA ETS Mandate and the CMS Rule? On January 13, 2022, the U.S. Supreme Court reinstituted the stay of the federal vaccine or testing mandate, effectively killing...more

Venable LLP

Supreme Court Brings Clarity to Federal Vax Mandates?

Venable LLP on

Caption: On January 13, 2022, after hearing emergency oral arguments, the Supreme Court handed down decisions staying OSHA’s ETS and upholding the CMS Rule requiring healthcare workers to be fully vaccinated against...more

Keating Muething & Klekamp PLL

Supreme Court Re-Implements Stay of Vaccine Mandate for Employers, Upholds CMS Mandate

Ever since the Sixth Circuit dissolved the injunction to OSHA’s Emergency Temporary Standard (ETS), which mandates employers with 100 employees or more to require employees be vaccinated or submit to weekly testing and wear...more

Winthrop & Weinstine, P.A.

The Supreme Court Blocks OSHA’s Mandatory Vaccine or Vaccine/Test Rule for Employers with 100+ Employees

On January 13, 2022, the United States Supreme Court (the “Court”) granted the stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) requiring businesses with 100 or more...more

Akerman LLP - HR Defense

U.S. Supreme Court Allows Vaccine Mandate for Healthcare but Blocks Vaccine-Or-Test Rule for Large Private Businesses

On January 13, 2021, the U.S. Supreme Court prevented President Biden’s vaccination or testing mandate for large employers (issued as an OSHA Emergency Temporary Standard (ETS)) from being enforced.  The Court allowed the...more

Morgan Lewis

Supreme Court Reimposes Stay on OSHA Emergency Temporary Standard, Allows CMS Rule to Go Forward

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The US Supreme Court issued two decisions on January 13, 2022 in cases challenging the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (ETS) on Vaccination and Testing and the Centers for...more

Greenberg Glusker LLP

SCOTUS Blocks OSHA ETS

Greenberg Glusker LLP on

On January 13, 2022, the Supreme Court of the United States blocked the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) from taking effect for the foreseeable future. The ETS required...more

Cranfill Sumner LLP

Supreme Court Blocks Biden Vaccine Mandate for Large Businesses – Allows It for Certain Healthcare Workers

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On Thursday, January 13, 2022, the Supreme Court issued its much-anticipated decisions on the Biden vaccine mandates.  Specifically, two mandates were at issue: (1) the mandate that all employers with over 100 employees...more

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