OSHA Announces Withdrawal of Large Employer Vaccination and Testing ETS

Jordan Dunham
Jordan Dunham
01/27/2022
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...
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Supreme Court Blocks OSHA ETS Requiring Vaccination or Testing

Garrett Wozniak
Garrett Wozniak
01/13/2022
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...
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What to Do When OSHA Comes Knocking

Jordan Dunham
Jordan Dunham
11/28/2021
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.  Our Randi Hyatt...
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OSHA Emergency Temporary Standard and Bargaining Obligation

Garrett Wozniak
Garrett Wozniak
11/11/2021
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS).  Our summary of the ETS is available here.  On November 6, the Fifth Circuit Court of Appeals stayed the ETS pending further action.  Other challenges to the law have been filed in other federal appellate courts and other suits -- those saying that the ETS does not do enough --...
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OSHA's Rule Mandating Vaccination Against COVID-19 Goes Into Effect Friday, November 5, 2021

Randi Klein Hyatt
Randi Klein Hyatt
11/04/2021
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...
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Biden's New COVID-19 Action Plan: What Does It Mean for Employers?

Bernadette Hunton
Bernadette Hunton
09/10/2021
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...
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Is An Employee's Adverse Reaction To The COVID-19 Vaccine A Recordable Event For OSHA Purposes?

Randi Klein Hyatt
Randi Klein Hyatt
05/21/2021
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...
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Maryland General Assembly Passes the Maryland Essential Workers’ Protection Act, Bill Currently Awaits Governor Hogan’s Action

Last week, the Maryland General Assembly passed the Maryland Essential Workers’ Protection Act (“EWPA”) (HB 581).  The EWPA, formally titled Labor and Employment – Employment Standards During an Emergency (Maryland Essential Workers’ Protection Act) was passed as emergency legislation and will take effect on the date it is signed by the governor (or the date any veto is overridden, if applicable).   The EWPA solidifies how an essential...
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Employer Alert: The Maryland Essential Workers’ Protection Act

Garrett Wozniak
Garrett Wozniak
02/03/2021
After cutting short the 2020 legislative session because of the pandemic, the Maryland General Assembly has returned this January with confronting COVID-19 among its highest priorities.  One item employers should be keenly aware is the Maryland Essential Workers’ Protection Act, which would impose multiple new mandates on Maryland employers. The legislation, cross-filed as House Bill 481 and Senate Bill 486, is scheduled for a hearing in the...
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OSHA Provides Further Guidance on Managing COVID-19 in the Workplace

Randi Klein Hyatt
Randi Klein Hyatt
01/29/2021
Earlier today, the Occupational Safety and Health Administration issued its Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.  The Guidance is not legally binding but does detail recommended best practices around managing COVID-19 in the workplace.  OSHA has reiterated that workers should continue to maintain at least a six-foot distance from others when possible, wash hands, properly wear a face mask (covering nose...
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