Category: Workplace Safety

As our Garrett Wozniak wrote on January 13, 2022, the United States Supreme Court stayed implementation of the Occupational Safety and Health Administration’s (“OSHA”) vaccination or test Emergency Temporary Standard (“ETS”)  for large employers (100 or more employees).  The stay effectively ended the ability for OSHA to implement this ETS, as the Supreme Court ruled that the stay would remain in effect following a final decision from...

The Supreme Court today issued a stay blocking the Biden Administration’s COVID-19 vaccination or test rule for employers with 100 or more employees.  NFIB v. OSHA, Nos. 21A244 and 21A247 (Jan. 13, 2022).  The majority found that those challenging the  Emergency Temporary Standard ("ETS")  “are likely to succeed on the merits of their claim that the Secretary [of Labor] lacked authority to impose the mandate.” In its, 6-3 per curiam...

In the effort to avoid writing yet another blog entry on COVID-19 related material, I am writing to inform our readers what they should do if an investigator from  the Occupational Safety and Health Administration (OSHA) appears on at a jobsite. As you likely know, OSHA recently released a rule mandating that employers of 100 or more employees require all employees to be vaccinated against COVID-19 or subject to weekly testing.  We blogged about...

The Occupational Safety and Health Administration (OSHA) has mandated, for the first time ever, a vaccination in the workplace.  For any employer with 100 or more employees company-wide, all employees must be vaccinated against COVID-19 or subject to weekly testing.  For any state that has its own work safety agency, they will have thirty (30) days to implement the federal OSHA standard or their own mandate that is at least as protective as...

Yesterday evening, President Biden announced a new action plan to fight the spread of COVID-19 and battle back yet another surge sparked by the delta variant.  The national strategy calls on both public and private sector employers to take steps get the unvaccinated vaccinated by mandating vaccines for employees and offering other protections for workers. As part of the plan, all employers with 100 or more employees will need to ensure that workers...

You know the typical lawyer answer... "it depends."  Vaccines are much more widely available and more and more employees are able to get vaccinated.  This also means more individuals may find themselves experiencing those adverse reactions (especially after that notorious second dose) that are causing missed work.  OSHA has issued updated guidance on when such reactions should be treated as recordable events in accordance with its requirements of...