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

Courtney M. Malveaux
Courtney M. Malveaux is a principal in the Richmond, Virginia, office of Jackson Lewis. P.C. He is co-leader of the firm’s Workplace Safety and Health practice group. His practice focuses on representing employers cited by the Occupational Safety and Health Administration and other regulatory agencies, oftentimes following catastrophic incidents.
Will Some State Plans Defy OSHA’s COVID-19 Vaccination, Testing Emergency Temporary Standard?
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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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
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
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
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
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…