On July 2, 2024, OSHA released the long-awaited Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule. If finalized, the rule would require millions of employers to take steps to protect their workers from extreme heat. However, the proposed rule would not apply to “sedentary” or remote workers, emergency-response workers, or
OSHA May Seek to Allow Union Officials to Join Inspections at Non-Union Facilities
By Jon Schaefer & Natale DiNatale on
Posted in OSHA
Below is an excerpt of an article published by the Connecticut Business and Industry Association (CBIA) on April 12, 2023.
OSHA is poised to revive a policy that would require employers to permit union officials to take part in agency inspections even if the union does not represent employees at the facility being inspected.
OSHA…
The EEOC Releases New COVID-19 Guidance – What Employers Should Know
By Abby Warren & Emily Zaklukiewicz on
Posted in Environmental, Social, and Governance, OSHA
Over the last two years, employers have followed the evolving laws and guidance issued by federal, state, and local governments and public health authorities. On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) made several noteworthy revisions to its guidance to address changing pandemic conditions. Even though the COVID-19 pandemic may have subsided in…
OSHA Withdraws Vaccination and Testing ETS
By Jon Schaefer & Megan Baroni on
Posted in OSHA
Effective January 26, 2022, OSHA withdrew its enforcement of its COVID-19 Emergency Temporary Standard (ETS), which would have required many employers to mandate vaccination or regular testing for employees. As we have previously discussed, the ETS had undergone a number of legal challenges. Most recently the United States Supreme Court stayed the ETS and…
Supreme Court Stays Implementation of OSHA ETS
By Jon Schaefer & Megan Baroni on
Posted in OSHA
As we have previously reported, the implementation status of OSHA’s Emergency Temporary Standard (ETS) regarding COVID-19 vaccination or testing seems to change weekly. Yesterday, the United States Supreme Court reinstated the stay of OSHA’s ETS, ultimately sending the rule back to the Sixth Circuit to await a full review on the merits.
In the…
Supreme Court to Hear Arguments on Two Federal Vaccine Mandates
By Jon Schaefer & Megan Baroni on
Posted in OSHA
On December 21, 2021, the U.S. Supreme Court took its first step into the fray over federal vaccine mandates. As we have previously posted, legal challenges to the Biden administration’s various vaccine mandates have been working their way through the courts since November. Most recently, the U.S. Court of Appeals for the Sixth…
Sixth Circuit Revives OSHA COVID-19 Emergency Temporary Standard
By Jon Schaefer & Megan Baroni on
Posted in OSHA
On Friday, the U.S. Court of Appeals for the Sixth Circuit lifted a stay of OSHA’s Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for employers with 100 or more employees. As we previously posted, the Fifth Circuit almost immediately issued a stay of the ETS after its release. The Sixth Circuit’s ruling…
OSHA COVID-19 Emergency Temporary Standard
By Jon Schaefer on
Posted in OSHA
On Friday, November 5, 2021, OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) was issued (with most of the requirements to go into effect on December 5) and, almost immediately, it faced a number of legal challenges in various courts. The first court to make a ruling was the U.S. Circuit Court of Appeals…
OSHA retaliation complaints rising – Have you checked your anti-retaliation program lately?
By Jon Schaefer on
Posted in OSHA
Below is an excerpt of an article that was published in ISHN on October 14, 2021.
Most workers in the United States are protected from retaliation for raising workplace health and safety concerns and for reporting work-related injuries or illnesses. While these protections have been in place for decades, the COVID-19 pandemic has led to…
OSHA Publishes Updated COVID-19 Guidance
By Megan Baroni & Jon Schaefer on
Posted in OSHA
On June 21, 2021, OSHA made big news by publishing its COVID-19 Emergency Temporary Standard for the Healthcare Industry (ETS). While the ETS does not apply to most manufacturing facilities, OSHA also updated its general COVID-19 guidance earlier this month.
This guidance is intended to assist all employers and workers not subject to the ETS…