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13 Jan 2022, 4:57 pm
In staying the Occupational Safety and Health Administration’s (OSHA) business vaccine mandate, the court reasoned that OSHA can “regulate occupational dangers” but lacks “the power to regulate public health more broadly. [read post]
13 Jan 2022, 3:54 pm
OSHA’s indiscriminate approach fails to account for this crucial distinction— between occupational risk and risk more generally—and accordingly the mandate takes on the character of a general public health measure, rather than an “occupational safety or health standard. [read post]
13 Jan 2022, 3:28 pm
” In finding that the Occupational Safety & Health Act did not plainly authorize the ETS, the Supreme Court determined that the standards outlined in the ETS were intended to regulate a broad public health measure, exceeding the agency’s authority to regulate workplace safety standards. [read post]
13 Jan 2022, 3:22 pm
The agency reported that about 60% of N95 or KN95 masks in the market are counterfeit and do not meet the National Institute for Occupational Safety and Health (NIOSH) requirements. [read post]
13 Jan 2022, 3:21 pm
In California, employers were waiting to see how the California Division of Occupational Safety and Health (Cal/OSHA) would respond to the ETS because while the state may enforce its own workplace safety rules, those rules must at least be as protective as any issued by OSHA. [read post]
13 Jan 2022, 3:17 pm
Supreme Court issued its much-anticipated decisions about the COVID-19 vaccine mandates issued by the Occupational Safety and Health Administration (OSHA) for employers with at least 100 employees, and the Centers for Medicare and Medicaid Services (CMS) for healthcare workers. [read post]
13 Jan 2022, 2:40 pm
OSHA was empowered solely to set workplace safety standards. [read post]
13 Jan 2022, 2:35 pm
The Occupational Health and Safety Administration (OSHA) previously released an Emergency Temporary Standard (ETS) on November 5, 2021, which required employers with greater than 100 employees to either mandate the COVID-19 vaccine or have workers test weekly and wear masks in the workplace. [read post]
13 Jan 2022, 2:22 pm
” In fact, in the per curium, unsigned opinion, the Court states that the ETS mandate is more similar to general public health measure rather than an occupational safety standard. [read post]
13 Jan 2022, 1:59 pm
In an opinion that employers across the country have been eagerly anticipating, the United States Supreme Court today issued a per curiam opinion blocking the Occupational Safety and Health Administration’s (“OSHA”) rule that would have required roughly 80 million workers to obtain a COVID-19 vaccination or be tested weekly and wear masks to avoid being “removed from the workplace. [read post]
13 Jan 2022, 1:45 pm
Department of Labor, Occupational Safety and Health Administration, Case No. 21A244, the Court halted implementation of an Occupational Safety and Health Administration (“OSHA”) regulation applicable to most employers with 100 or more employees. [read post]
13 Jan 2022, 1:41 pm
Over a dissent from the court’s three liberal justices, the court ruled that the Occupational Safety and Health Administration exceeded its power in issuing the mandate. [read post]
13 Jan 2022, 1:16 pm
Occupational Safety and Health Admin., 17 F. 4th 604, 609 (CA5 2021). [read post]
13 Jan 2022, 1:14 pm
On January 13, 2022, the United States Supreme Court granted emergency relief to stay implementation of the Occupational Health and Safety Administration (OSHA)’s Emergency Temporary Standard (ETS) regarding COVID-19. [read post]
13 Jan 2022, 12:43 pm
OSHA's indiscriminate approach fails to account for this crucial distinction— between occupational risk and risk more generally—and accordingly the mandate takes on the character of a general public health measure, rather than an "occupational safety or health standard. [read post]
13 Jan 2022, 12:33 pm
OSHA, the Court ruled against the Occupational Safety and Health Administration's Emergency Temporary Standard vax-or-test rule for large employers. [read post]
13 Jan 2022, 12:33 pm
§655(b) (directing the Secretary to set “occupational safety and health standards” (emphasis added)); §655(c)(1) (authorizing the Secretary to impose emergency temporary standards necessary to protect “employees” from grave danger in the workplace)....From Biden v. [read post]
13 Jan 2022, 11:57 am
Last week, the Supreme Court heard arguments regarding two of the most significant mandates: one for all hospital workers issued by the Department of Health and Human Services (HHS), and a second for all employees of large companies issued by the Occupational Safety and Health Administration (OSHA). [read post]
13 Jan 2022, 3:00 am
The Occupational Safety and Health Administration (OSHA) explains that trenches are made and excavation work is frequently done so that pipes or cables can be laid in anticipation of a larger building project on the site. [read post]
12 Jan 2022, 8:58 pm
If an officer develops independent reasonable suspicion . . . that an occupant has committed an additional traffic offense or crime,” the holding in Rodriguez permits the officer to 'extend the stop for a reasonable amount of time in order to confirm or dispel that new suspicion.'" Gubari. [read post]
