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On January 13, 2022, the Supreme Court reinstated the nationwide injunction of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standard (ETS). [read post]
18 Jan 2022, 7:27 am by Seyfarth Shaw LLP
Occupational Safety and Health Administration (OSHA) announced its long-awaited Emergency Temporary Standard (ETS) that required employers with 100 or more employees, among other things, to develop, implement, and enforce policies requiring most employees to get vaccinated or to undergo weekly testing for COVID-19. [read post]
17 Jan 2022, 8:37 pm by Jeffrey S. Horton Thomas
Occupational Safety and Health Administration (OSHA) from implementing or enforcing its new COVID-19 Emergency Temporary Standard (ETS). [read post]
17 Jan 2022, 8:25 pm by MEL
Department of Labor, Occupational Safety and Health Administration, et al. (2022) the Occupational Safety and Health Administration (“OSHA”), attempted to implement a nation-wide COVID-19 vaccine mandate (“Mandate”) on November 5, 2021. [read post]
16 Jan 2022, 3:39 pm by Sabrina I. Pacifici
Short of that, the court said, OSHA has the authority to regulate workplace safety but not public health, and a vaccine/testing requirement is an issue of public health. [read post]
Department of Labor, the Secretary of Labor purports to act under powers granted by Congress to run the Occupational Safety and Health Administration (OSHA). [read post]
14 Jan 2022, 4:00 pm
In the wake of the United States Supreme Court’s January 13, 2022 decision to grant emergency relief to stay implementation of the federal Occupational Health and Safety Administration’s Emergency Temporary Standard regarding COVID-19 (“Federal OSHA ETS”), Illinois employers in both the public and private sector were left wondering whether they were still required to implement a vaccinate or test policy in their workplace. [read post]
On January 13, 2022, the United States Supreme Court granted emergency relief to the petitions of numerous states, businesses, and non-governmental organizations by staying the implementation and enforcement of the federal Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Emergency Temporary Standard (“ETS”). [read post]
14 Jan 2022, 1:49 pm by William B. Gould IV
Here, labor law expert William Gould IV discusses challenges to the Occupational Safety and Health Administration’s (OSHA) vaccine mandates—and trends in the American labor market during the pandemic. [read post]
14 Jan 2022, 12:36 pm by admin
Supreme Court, in a 6-3 decision, has blocked the Department of Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) requiring private employers with 100 employees or more to vaccinate-or-test for COVID-19 from taking effect. [read post]
14 Jan 2022, 11:15 am by Andrew Koppelman
Suppose Congress passed a law commanding the Occupational Safety and Health Administration (OSHA) to prevent deadly dangers in the workplace, and to act quickly if those dangers arise unexpectedly. [read post]
The Court went on to conclude the Occupational Safety and Health Act (the “Act”) did not clearly authorize OSHA to issue such a vast public health requirement. [read post]
14 Jan 2022, 9:52 am by Mark S. Goldstein and Emily Harbison
Supreme Court stayed the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS), which had required that private employers with 100 or more U.S. employees adopt either (1) a mandatory vaccination policy or (2) a policy that allows employees to choose between vaccination and submission of weekly COVID tests (as we previously discussed here). [read post]
14 Jan 2022, 9:28 am by Joshua R. Goodbaum
Essentially, the Court decided, the Occupational Safety and Health Act did not authorize OSHA to issue this kind of order. [read post]
But the Biden administration’s effort to promote universal vaccination with a more sweeping rule—an Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA) and directed at all U.S. employers with at least 100 employees—was blocked by the high court. [read post]
14 Jan 2022, 7:36 am by Second Circuit Civil Rights Blog
The Occupational Safety and Health Administration issued this mandate in November 2021. [read post]
But the Biden administration’s effort to promote universal vaccination with a more sweeping rule—an Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA) and directed at all U.S. employers with at least 100 employees—was blocked by the high court. [read post]
14 Jan 2022, 6:48 am by Jonathan H. Adler
While never claiming the Administration's justification for the OSHA ETS were pretextual, the opinion cited Administration statements indicating the rule was more a "public health" measure than a "occupational safety" measure. [read post]
14 Jan 2022, 6:10 am by Adam M. Hamel
In contrast to the first case, where the Court found that OSHA had exceeded its authority to regulate workplace risks, the Court found that DHHS had been specifically authorized by Congress to promulgate, as a condition of a facility’s participation in Medicare and Medicaid, such requirements that the Department finds necessary in the interest of the health and safety of individuals who are furnished services at that facility. [read post]