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Occupational Safety and Health Administration › Appellate Courts

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
Marshall Dennehey

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

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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

Littler

Littler Lightbulb – February Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

Fisher Phillips

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

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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

Hendershot Cowart P.C.

How to Contest an OSHA Citation – Be Aware of Deadlines, or Forfeit Your Right to Contest

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You have the right to contest an OSHA citation, but only if you meet the deadlines. The OSHA Employer Rights & Responsibilities handbook states, “a written Notice of Intent to Contest must be filed with the OSHA area director...more

Amundsen Davis LLC

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

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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

Cozen O'Connor

Sixth Circuit Court of Appeals Lifts OSHA’s ETS Stay: What Now?

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On December 18, 2021, the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s national stay of OSHA’s general duty COVID Emergency Testing Standard (ETS) that covers private employers with 100 or more employees, except...more

Weintraub Tobin

OSHA’s COVID-19 Vaccine or Test Mandate Is BACK in Play… For Now

Weintraub Tobin on

On Friday, December 17, 2021, the federal Sixth Circuit Court of Appeals granted an emergency motion to dissolve the stay of the federal OSHA COVID-19 vaccine or test mandate for large employers. Background. On...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: OSHA vaccine ETS is upheld by court

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Opponents of the ETS have requested Supreme Court review. In a decision issued last night, the majority of a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit upheld the Emergency Temporary Standard on...more

Constangy, Brooks, Smith & Prophete, LLP

Federal Vaccine Mandates: Where Employers Stand Now

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This week in Vaccine Mandate/Injunction Land. Well, kids, it's been another riotous week in the world of federal vaccine mandates. Here is where everything stands as of Friday morning Eastern Time, December 17, 2021:...more

Levenfeld Pearlstein, LLC

NYC’s Latest Expansion of its Vaccine Mandate – What You Need to Know

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On December 6, 2021, NYC mayor Bill DeBlasio announced that all private-sector workers in the city will be subject to the vaccine mandate, effective December 27. The following day, however, Judge Frank P. Nervo in the Supreme...more

Constangy, Brooks, Smith & Prophete, LLP

Update On Challenges To The OSHA Vaccine ETS

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As most of our readers know, the Occupational Safety and Health Administration issued an Emergency Temporary Standard on November 5 that required most employers with 100 or more employees to require virtually all of their...more

Constangy, Brooks, Smith & Prophete, LLP

Vaccine Mandate For Federal Contractors Goes Down! (Temporarily. And In Three States.)

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A federal judge has issued a preliminary injunction that prohibits the federal government from enforcing the COVID-19 vaccine mandate that applies to federal contractors. The injunction applies only in the states of Kentucky,...more

Jackson Lewis P.C.

Petitioners Ask 6th Circuit to Hear OSHA ETS Challenge En Banc with All Active Judges

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Four separate groups of petitioners challenging the OSHA ETS, including a coalition of 27 states, have asked the court to hear the OSHA challenge en banc, arguing that the case involves a question of exceptional importance in...more

Adler Pollock & Sheehan P.C.

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

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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

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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

Dorsey & Whitney LLP

What’s Next for OSHA’s COVID-19 Emergency Temporary Standard?

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On November 12, 2021, the Fifth Circuit Court of Appeals reaffirmed its stay pending judicial review of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary...more

Hahn Loeser & Parks LLP

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

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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

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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

McGlinchey Stafford

OSHA Vaccine Rule Cases Consolidated, Transferred to Sixth Circuit for Review

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The challenge to OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) that was pending before the U.S. Court of Appeals for the Fifth Circuit has been transferred. The Judicial Panel on Multidistrict...more

Amundsen Davis LLC

OSHA Suspends Emergency COVID-19 Vaccination and Testing Standard

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In September, the Biden Administration had OSHA issue an Emergency Temporary Standard (“ETS”) requiring employers with one hundred or more employees to ensure their employees are either fully vaccinated or tested for COVID-19...more

Parker Poe Adams & Bernstein LLP

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

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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

Bricker Graydon LLP

OSHA stays implementation of vaccine mandate, pending Sixth Circuit review of the legal challenges

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As we have previously reported, the recently announced Occupational Safety and Health Administration (OSHA) vaccine mandate, issued as an Emergency Temporary Standard (ETS), has been challenged in multiple suits filed around...more

Constangy, Brooks, Smith & Prophete, LLP

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

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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

Miller Canfield

Appellate Court Halts OSHA’s Emergency Temporary Standard Requiring Mandatory COVID-19 Vaccination or Testing

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Immediately after OSHA published its Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing for private sector workers, various individuals, covered employers, states and other groups challenged its validity...more

Constangy, Brooks, Smith & Prophete, LLP

Court Keeps OSHA's Vaccine Mandate On Hold. What Now?

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This post may become obsolete in the next five minutes. A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a new vaccine mandate decision yesterday, declining to lift the stay it had issued on...more

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