In a 22-page order issued November 12, 2021, the Fifth Circuit reaffirmed its initial stay of OSHA’s vaccine Emergency Temporary Standard (ETS). The 5th Circuit stated that petitioners are likely to succeed on the merits, meaning that OSHA’s ETS is an overreach of its authority on likely a variety of grounds. The 5th Circuit also
Articles
OSHA Issues Emergency Temporary Standard Requiring COVID-19 Tests or Vaccinations for Most Employers
Less than two months after receiving direction from President Joe Biden, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) covering employers with at least 100 employees. Employers must comply with many of the requirements within 30 days and begin required testing within 60 days of the November 5, 2021,…
Practical Strategies for Manufacturers Managing COVID-19 Testing, Vaccine Mandates
By Courtney M. Malveaux on
Manufacturing employers continue to feel the brunt of emerging and evolving trends related to the COVID-19 pandemic: workplace safety, labor shortages, absence management, remote technology, and employee retention — just to name a few. On the workplace safety front, mask mandates, testing protocols, and vaccine issues continue to make headlines, including President Joe Biden’s September…
Manufacturers Can Expect Emphasis on Prevention of Heat Illness in Workplaces
By Courtney M. Malveaux on
The Occupational Safety and Health Administration (OSHA) had announced this spring its intention to implement a new heat illness standard that will apply to indoor environments. Now, the U.S. Department of Labor has announced “enhanced and expanded” efforts to address heat-related illnesses as part of the Biden Administration’s commitment to workplace safety, climate resilience,…
Congress Considering $700,000 OSHA Penalties
A Congressional committee has approved maximum penalties of $700,000 per item for violations of Occupational Safety and Health Administration (OSHA) standards.
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President’s Path Out of the Pandemic Adds Hurdles for Employers
On September 9, 2021, the White House issued Path Out of the Pandemic: President Biden’s COVID-19 Action Plan (the Plan). The Plan outlines a six-pronged approach, portions of which will impose new obligations on employers across the country.
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OSHA Updates Non-Healthcare Employer Guidance on COVID-19
The Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance for non-healthcare employers, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace, on August 13, 2021.
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OSHA’s Heat Standard Likely to Affect Indoor Manufacturing Facilities
By Courtney M. Malveaux on
This past spring, the Occupational Safety and Health Administration (OSHA) announced its intention to implement a new heat illness standard that will apply to indoor environments. The agency said it has manufacturing facilities in mind, as the rule targets “indoor workers without climate-controlled environments.”
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OSHA Standard Changes That Will Impact Construction
By Courtney M. Malveaux on
The U.S. Department of Labor’s (DOL) regulatory agenda for spring 2021 lists regulations the agency will focus on for the next six months, including 26 Occupational Safety and Health Administration (OSHA) regulations, six of which are in the final rule stage and the rest are in the proposed or pre-rule stage. Many of them will…
OSHA’s Updated Guidance for COVID-19 in Workplaces
By Courtney M. Malveaux on
When the Occupational Safety and Health Administration (OSHA) rolled out its COVID-19 Healthcare Emergency Temporary Standard on June 10, 2021, it also issued its updated Guidance on Mitigating and Preventing the Spread of COVID-19 in non-healthcare workplaces.
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