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
OSHA
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 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…
OSHA Implements COVID National Emphasis Program
By Megan Baroni on
Posted in OSHA
As a part of its ongoing efforts to increase workplace attention on COVID-19, OSHA recently released a new COVID-19 National Emphasis Program (NEP), signaling a commitment to expand its inspection and enforcement efforts to protect workers at high risk for contracting the virus.
The NEP indicates that OSHA will target its inspections on high-risk industries…
OSHA COVID-19 Update
By Megan Baroni on
Posted in OSHA
As COVID-19 cases have continued to rise across the United States, so have COVID-related OSHA complaints and investigations. OSHA has been tracking statistics on COVID-related complaints, referrals, inspections, and citations on a daily basis and posting the results posting the results on its website.
Federal OSHA has initiated over 1,000 investigations related to COVID-19. As…
OSHA Review Commission Issues Decisions on Machine-Guarding Violations
By Jon Schaefer on
Posted in OSHA
Manufacturing equipment can be dangerous. Hazards associated with manufacturing equipment can come in a variety of forms, such as pinch points, sparks, or flying debris. OSHA regulations require equipment with moving parts to have specific protection mechanisms in place – often referred to as machine guarding. Machine guarding can take many forms, such as barriers,…
Significant Increase in OSHA Whistleblower Complaints and Caseloads Due to COVID-19
By Jon Schaefer & Megan Baroni on
Posted in OSHA
Since at least March, manufacturers, and the entire U.S. economy, have been experiencing unprecedented conditions as a result of the COVID-19 pandemic. COVID-19 has not only changed where and how manufacturers operate, but also safety protocols across the board.
It will likely come as no surprise to any manufacturer, that since February there has been…
Virginia Issues First COVID-19 OSHA Standard
By Jon Schaefer & Megan Baroni on
Posted in OSHA
While Federal OSHA has issued numerous COVID-related guidance documents, it has declined to issue an enforceable COVID standard. Instead, OSHA continues to reference numerous other statutory and regulatory standards that potentially apply to what OSHA may determine are COVID-related deficiencies in the workplace.
Recently, the Commonwealth of Virginia took matters into its own hands and…