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?
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
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
Unions Ask 6th Circuit to Transfer COVID Rule Case to D.C. Circuit; Government Opposes En Banc Review
As the OSHA COVID ETS saga continues to unfold, several union groups have filed a motion requesting that the 6th Circuit transfer all of the consolidated petitions to the D.C. Circuit, arguing that the D.C. Circuit is better equipped to handle the matter. The United Food and Commercial Workers International Union, AFL/CIO-CLC and the
Petitioners Ask 6th Circuit to Hear OSHA ETS Challenge En Banc with All Active Judges
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 that it is an “unprecedented mandate of COVID vaccines based on a rarely used law of questionable applicability.”
5th Circuit Orders OSHA to Stand Down
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
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,
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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Federal Appeals Court Deals Blow to OSHA’s Ability to Cite Repeat Violations
On Tuesday, October 27, 2020, the U.S. Court of Appeals for the Tenth Circuit issued a long- awaited decision in Sec’y of Labor v. Wynnewood Refining Co., LLC. That case originated in 2012 when OSHA inspected the company following a boiler explosion that killed two employees. OSHA issued several repeat citation items under the Process
CDC’s Expansion of “Close Contact” Definition Spells Trouble for Employers
On Wednesday, October 21, 2020, the CDC issued new guidance expanding the definition of a “close contact” from someone who has been within 6 feet of a COVID-19 positive person for 15 minutes or more to:
“Someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more