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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 the rule that would have obligated all companies with more than 100 employees...

In a per curiam opinion issued by Chief Justice Roberts, Justices Barrett and Kavanaugh, with Justices Gorsuch, Thomas and Alito concurring, the Supreme Court stayed OSHA’s “emergency temporary standard” mandating COVID-19 vaccines for employers of 100 or more employees. The Court noted that the...

The last two weeks have provided a rollercoaster ride for employers as they grapple with the resurrection of the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (“ETS”) by the Sixth Circuit Court of Appeals, updated guidance from OSHA on the testing protocols...

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of OSHA’s Emergency Temporary Standard (ETS) on COVID-1 vaccination and testing for employers with at least 100 employees in a consolidated multidistrict litigation. See In re: MCP No. 165...

On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the previously-issued stay on the Occupational Safety and Health Administration’s (OSHA) vaccine or testing requirement for private employers with at least 100 employees. OSHA originally instituted the requirement through an...

On September 9, 2021, President Biden announced a series of federal COVID-19 mitigation efforts, which represent an invigorated national approach to reduce COVID-19 transmission and rapidly increase vaccination rates across the country. In addition to a pair of executive orders issued by the...

In President Biden’s March 11, 2021 speech, he urged everyone to “stay vigilant” against the virus even as more vaccines are rolled out. The same applies to employers. Three recent developments—an employee lawsuit challenging mandatory vaccinations, new CDC guidance for those vaccinated, and a new...

In a long-anticipated move, the Occupational Health and Safety Administration (OSHA) launched a national emphasis program (NEP) on March 12, 2021, which is aimed at protecting workers in high-hazard industries from COVID-19. Following up on non-binding guidance first published on January 29 of this...

The federal Occupational Safety and Health Administration (OSHA) recently released a list of sixteen new recommendations for employers in light of the ongoing COVID-19 pandemic at the request of the newly-installed Biden Administration.

OSHA announced an Updated Interim Enforcement Response Plan for COVID-19 ("Updated Plan") that will replace its current Interim Plan in its entirety as of May 26, 2020. As non-essential businesses re-open, OSHA is returning to its inspection planning policy prior to the pandemic in areas where...

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