By A. Scott Hecker, Brent I. ClarkJames L. Curtis, Benjamin D. Briggs, Mark A. LiesAdam R. YoungPatrick D. Joyce, Daniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: OSHA has withdrawn its private employer COVID-19 Vaccination and Testing ETS, effective Tuesday, January 25, 2022.

On Tuesday, January 25,
Continue Reading OSHA Acknowledges Reality; Withdraws COVID-19 Vaccination and Testing ETS

By James L. CurtisBrent I. ClarkBenjamin D. BriggsMark A. Lies, Jeryl L. Olson, Patrick D. Joyce, Adam R. Young, A. Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2022 increases to civil penalties.

We have blogged previously about the
Continue Reading Big Money: OSHA and EPA Civil Penalties Increase for 2022

By Adam R. Young, Patrick D. Joyce, A. Scott Hecker, Brent I. Clark, James L. Curtis, Benjamin D. BriggsMark A. Lies, Bradley D. Doucette, and Ilana R. Morady

Seyfarth Synopsis: On January 13, 2022, the Supreme Court stayed enforcement of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”), pending
Continue Reading OSHA ETS Stayed Again — Supreme Court Characterizes ETS as Public Health Measure Outside of OSHA’s Jurisdiction

By Benjamin J.Conley and Adam R. Young

Seyfarth Synopsis: The OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) will require unvaccinated employees to submit weekly COVID-19 testing results by February 9, 2022. New guidance from the Biden Administration could require employer health plans to reimburse the cost of at-home COVID testing in certain circumstances, creating confusion for employers on
Continue Reading Latest Biden Administration Order Requires Some Employers to Pay for Cost of COVID Testing

By Melissa A. Ortega, Bradley D. Doucette, Brent I. Clark, Benjamin D. Briggs, Adam R. Young, Patrick D. Joyce, A. Scott Hecker

Seyfarth Synopsis: In an unusual special session, on January 7, 2022, the U.S. Supreme Court heard oral arguments regarding OSHA’s Vaccination and Testing Emergency Temporary Standard (ETS), which requires employers with
Continue Reading Supreme Court Special Session – The U.S. Supreme Court Hears Arguments on the OSHA COVID-19 ETS

By Adam R. YoungPatrick D. Joyce, Matthew A. Sloan, and Craig B. Simonsen

Seyfarth Synopsis: According to the Bureau of Labor Statistics, the number of fatal work injuries in 2020 was the lowest since 2013.

There were 4,764 fatal work injuries recorded in the United States in 2020, a 10.7% decrease from 5,333
Continue Reading New BLS Data Show Major Hazards Causing Occupational Fatalities in 2020

By: Adam Young, James L. Curtis, Brent I. Clark, Mark A. Lies, Patrick D. Joyce, and A. Scott Hecker

Seyfarth Synopsis: On January 7, 2022, in an extraordinary open session, the Supreme Court will reconsider the dissolved stay of the OSHA ETS, as well as the injunctions blocking the CMS healthcare vaccination mandate in
Continue Reading Supreme Court Will Hold Special Session on OSHA’s COVID-19 Vaccination and Testing ETS, as well as Healthcare CMS Vaccination Mandate

By A. Scott Hecker, Adam R. Young, and Patrick D. Joyce

Seyfarth Synopsis: On December 17, 2021, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit dissolved its sister Fifth Circuit’s stay of the Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard in a 2-1 order.  Shortly thereafter, OSHA
Continue Reading OSHA’s COVID-19 Vaccination and Testing ETS Revived as Sixth Circuit Dissolves Stay

By Ilana MoradyCoby Turner, and Patrick D. Joyce

Seyfarth Synopsis: On December 16, 2021, the Cal/OSHA Standards Board voted to readopt the COVID-19 Emergency Temporary Standard (“ETS”) with changes that will take effect January 14, 2022. This readoption includes many changes to the current ETS, including an elimination of many of the current distinctions between
Continue Reading Cal/OSHA Adopts Revised and Restrictive COVID-19 ETS

By James L. CurtisAdam R. YoungPatrick D. JoyceDaniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: The National Safety Council (NSC) released an update to its annual list of OSHA’s top-ten cited standards. The list provides a starting point for employers to review their own safety programs on an annual basis. 

Patrick
Continue Reading Another Year In The Books – OSHA’s Top Ten Safety Violations for Fiscal Year 2021