Protecting Employers Since 1985

OSHA Vaccine Mandate – The Epilogue

By Wessels Sherman / January 31, 2022

After weeks of consternation, uncertainty and litigation, the fate of OSHA’s Emergency Temporary Standard (“ETS”), which required employers with 100 or more employees to implement mandatory COVID vaccination policies, is now sealed – and it has been done by OSHA itself. After the U.S. the Supreme Court issued its decision to stay the OSHA mandate…

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Supreme Court Lifts Injunction on DHHS Vaccine Mandate for Recipients of Medicare and Medicaid Funding

By Alan E. Seneczko / January 13, 2022

In a companion decision to its ruling on the OSHA vaccine mandate, the Supreme Court issued another stay – but this one on injunctions that had been issued enjoining regulations issued by the Secretary of Health and Human Services mandating that recipients of Medicare and Medicaid funding (e.g., hospitals, outpatient rehabilitation facilities, skilled nursing facilities,…

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Supreme Court Puts Skids on OSHA Vaccine Mandate

By Alan E. Seneczko / January 13, 2022

In a decision released this afternoon, the Supreme Court put a halt to the OSHA Emergency Temporary Standard that requires employers with 100 or more employees to implement a mandatory vaccine policy, under which employees must either be vaccinated for COVID or undergo weekly testing at their own expense, on their own time, or be…

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OSHA Vaccine Mandate Back On

By Alan E. Seneczko / December 20, 2021

In the on-again-off-again legal environment surrounding the OSHA vaccine mandate, on Friday, December 17, 2021 the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s stay of OSHA vaccine mandate and reinstated the Emergency Temporary Standard (ETS). The ETS, which requires employers with 100 or more employees to implement and enforce a mandatory vaccine policy…

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OSHA Suspends Enforcement of Vaccine Mandate

By Alan E. Seneczko / November 18, 2021

On November 17, 2021, OSHA announced that, given the decision of the Fifth Circuit, it is suspending enforcement of its COVID vaccine mandate: On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86…

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OSHA Vaccine Mandate Future In Doubt

By Alan E. Seneczko / November 17, 2021

“IT IS ORDERED that OSHA take no steps to implement or enforce the [vaccine] Mandate until further court order.” In a decision highly critical of OSHA’s November 5, 2021 Emergency Temporary Standard (“ETS”), which mandates that all employers with 100 or more employees “develop, implement and enforce a mandatory COVID-19 vaccine policy,” on November 12,…

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OSHA Issues Guidance for Recordkeeping of COVID-19 in the Workplace

By Anthony J. Caruso Jr. / April 14, 2020

On April 13, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued interim guidance for enforcing OSHA’s recordkeeping requirements as it relates to recording cases of COVID-19. Employers are responsible for recording cases of COVID-19 if the case: Is confirmed as a COVID-19 illness; Is work-related as defined by the regulations;…

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OSHA Joint Employer Liability!

By Walter J. Liszka / September 20, 2018

The Occupational Safety and Health Administration (OSHA) has just reminded Temporary Staffing Agencies and their clients (i.e. the Host Employer) that they are jointly liable and responsible for a Temporary Employee’s safety and health in two (2) new Guidance Documents relating to respiratory protection, noise exposure and hearing conservation. Nearly two (2) years after its…

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New OSHA Reporting Regulations Become Effective

By Alan E. Seneczko / January 12, 2017

In a previous issue, we discussed a new OSHA reporting regulation that was initially scheduled to take effect on August 10, 2016, but was pushed back to November 1, 2016, and then delayed again until December 1, 2016 as a result of pending litigation by a number of trade associations, which sought to enjoin the…

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