On April 4, 2022, a merits panel of the D.C. Circuit Court of Appeals will hear oral arguments on a petition seeking to force OSHA to issue a permanent standard for healthcare occupational exposure to COVID-19 and to reinstate the Healthcare Emergency Temporary Standard on Occupational Exposure (Healthcare ETS) to COVID-19 pending the permanent standard.
OSHA ETS
OSHA Withdraws Vaccine-Or-Test Emergency Temporary Standard for COVID-19
The Occupational Safety and Health Administration (OSHA) has withdrawn its enforcement of the Emergency Temporary Standard (ETS) requiring most employers to mandate COVID-19 vaccines or tests for employees.
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U.S. Supreme Court Puts OSHA COVID-19 Vaccine-Or-Test ETS Back on Ice
In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS).
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SCOTUS Questioning Suggests OSHA ETS is Squeezing an Elephant into a Mousehole
By Melanie L. Paul & Katharine C. Weber on
Posted in Articles, COVID-19, OSHA Enforcement, OSHA ETS, OSHA Legislation, OSHA Rulemaking, Vaccine
The U.S. Supreme Court heard oral arguments today in the OSHA ETS case. Of course one never knows how the Court will rule, but if the Justices’ questions are any indication, there could be a 6-3 split in favor of a stay, with Chief Justice Roberts, Justice Thomas, Justice Alito, Justice Gorsuch, Justice Kavanaugh, and…
OSHA Withdraws COVID-19 Healthcare Emergency Temporary Standard, Vows to Use General Duty Clause
By Courtney M. Malveaux & Melanie L. Paul on
The Occupational Safety and Health Administration (OSHA) has announced that it is withdrawing most of the Emergency Temporary Standard for healthcare employers (Healthcare ETS) it promulgated more than six months ago.
To read this article in its entirety, please click here.
After OSHA COVID-19 Emergency Temporary Standard for Healthcare Employers Expired …
More than six months after the Occupational Safety and Health Administration (OSHA) promulgated an Emergency Temporary Standard for healthcare employers (Healthcare ETS), OSHA announced its intentions to propose an infectious diseases standard covering all industry sectors in April 2022. The agency said the new standard will address airborne, droplet, and non-bloodborne contact diseases.
To read…
Supreme Court to Consider Arguments on Pulling Plug on OSHA COVID-19 ETS
The U.S. Supreme Court has scheduled expedited arguments on the U.S. Court of Appeals for the Sixth Circuit’s decision to lift the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS).
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Sixth Circuit Dissolves Stay of OSHA Vaccine ETS, OSHA Sets New Enforcement Dates
The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for employers with at least 100 employees. Multiple parties, including 27 states, have filed emergency motions with the U.S. Supreme Court to block…
Will Some State Plans Defy OSHA’s COVID-19 Vaccination, Testing Emergency Temporary Standard?
By Courtney M. Malveaux & Melanie L. Paul on
If President Joe Biden’s Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) vaccine or testing mandate for employers goes forward, nearly half the states have the option of going their own way.
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Sixth Circuit Deals Blow to OSHA’s Proposed Expedited Briefing Schedule, Says it Will Keep ETS Case
By Melanie L. Paul on
In what is getting to be habit in the OSHA ETS litigation with courts issuing orders late Friday afternoons, the Sixth Circuit on December 3, 2021 tersely denied a petition to transfer the case back to the Fifth Circuit. In the same order, the Sixth Circuit also denied, without explanation, the union petitioners’ bid to…