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As of Wednesday, January 26, the Occupational Safety and Health Administration withdrew its emergency temporary standard (ETS) that would have mandated COVID-19 vaccination or weekly testing/masking requirements for employers with 100 or more employees. After the U.S. Supreme Court last week found the ETS to be an unconstitutional exercise of power and stayed the implementation […]
On January 7, the U.S. Supreme Court heard oral arguments concerning the COVID-19 vaccine-or-test emergency temporary standard (ETS) issued in November by the Occupational Safety and Health Administration (OSHA). Petitioners, which include business groups and several states, want a federal injunction to block OSHA from implementing and enforcing the emergency rule. OSHA earlier announced plans […]
A federal appeals court lifted a judicial stay on the emergency temporary standard (ETS) requiring employee COVID-19 vaccination or weekly testing, and the U.S. Supreme Court is hearing arguments January 7, 2022, about staying or striking down the rule. Will you be ready if the Supreme Court leaves the rule in place? The Occupational Safety […]
The California Occupational Safety and Health Standards Board December 16 readopted the state’s COVID-19 prevention emergency temporary standard (ETS), with revisions. The revised ETS incorporates the latest recommendations from the California Department of Public Health (CDPH). The readopted state ETS does not contain the vaccine-or-testing requirements of the November 5 federal ETS, which was under […]
A federal appeals court December 17 lifted a stay on the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) requiring large employers to implement a program of COVID-19 vaccination for employees or coordinate weekly testing. OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10, 2022, the […]
The California Occupational Safety and Health Standards Board meets December 16 to consider readoption of the state’s COVID-19 emergency temporary standard (ETS). The ETS, originally adopted in November 2020, was readopted June 17 and expires January 14, 2022. Under California administrative law, emergency standards remain in effect for 180 days, but the board may twice […]
The Occupational Safety and Health Administration (OSHA) has extended the comment period for its November 5 COVID-19 vaccination and testing emergency temporary standard (ETS). Written comments on any aspect of the ETS, which had been due December 6, now must be submitted by January 19, 2022, to the rulemaking Docket No. OSHA-2021-0007 at www.regulations.gov. OSHA […]
Attorneys for the U.S. Department of Labor (DOL) November 23 asked a federal appeals court to lift judicial restrictions on an Occupational Safety and Health Administration (OSHA) emergency temporary standard (ETS) requiring employers with 100 or more employees to implement a program of COVID-19 vaccination or regular testing and face coverings to protect unvaccinated workers. […]
The California Occupational Safety and Health Standards Board (OSHSB) will meet November 19 to consider readoption of a revised COVID-19 emergency temporary standard (ETS). The board approved an initial ETS in November 2020. Under California administrative law, emergency standards remain in effect for 180 days. The board may twice readopt temporary standards for an additional […]
The Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccination and testing emergency rule was indefinitely stayed by the U.S. Court of Appeals for the 5th Circuit in New Orleans on November 12. After issuing an initial stay on November 6, the three-judge panel reaffirmed its stay, instructing OSHA and the Department of Labor to take […]