By Adam R. Young, Patrick D. Joyce, A. Scott Hecker, Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Mark 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 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 A. Scott Hecker, Brent I. Clark, Benjamin D. Briggs, James L. Curtis, Adam R. Young, Ilana Morady, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Judicial Panel on Multidistrict Litigation (MDL) lottery selected the U.S. Court of Appeals for the 6th Circuit to hear the consolidated legal challenges to
Continue Reading U.S. Court of Appeals for the Sixth Circuit Selected to Rule on OSHA COVID ETS Per Judicial Panel on Multidistrict Litigation
By Scott Hecker, Elisabeth Watson, and Karla Grossenbacher
Seyfarth Synopsis: Your dedicated Seyfarth Team has created a checklist to help covered employers achieve compliance with the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) in timely fashion.
Pending legal challenges have called into question the viability of ETS, published in the Federal Register on November 5,
Continue Reading What Must Employers Do to Comply with OSHA’s ETS? Check out our Checklist for Answers
By Scott Hecker, Adam Young, Noah Finkel, David Baffa, Joshua Seidman, Laura Maechtlen, Camille Olson, Kristin McGurn, Lawrence Lorber, Brent Clark, Jim Curtis, Ben Briggs and Patrick D. Joyce
Seyfarth Synopsis: The much-anticipated OSHA Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) posted
Continue Reading OSHA Issues ETS for Public Inspection with January 4, 2022 Vaccination Deadline
By Adam R. Young, Melissa A. Ortega, and Craig B. Simonsen
Seyfarth Synopsis: On October 28, 2021, an amendment to the Illinois Health Care Right of Conscience Act passed the Illinois General Assembly and made its way to Governor Pritzker’s desk. The amendment creates a COVID-19 carve-out, but it will not go into effect until June 1,
Continue Reading A Swing and a Miss: Right to Conscience Objections to COVID-19 Vaccinations to Endure Until June 2022
By James L. Curtis, Adam R. Young, Scott Hecker, and Craig B. Simonsen
Seyfarth Synopsis: Federal OSHA is warning Arizona, South Carolina, and Utah that they risk a federal takeover of their worker safety programs unless they adopt a federal emergency temporary standard (ETS) protecting health-care workers from COVID -19.
OSHA published its
Continue Reading Three OSHA State Plans Under Fire for Failure to Adopt COVID Emergency Temporary Standard for Health Care
By Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Adam R. Young, Patrick D. Joyce, Ilana R. Morady, Daniel R. Birnbaum, Scott Hecker, and Craig B. Simonsen
Seyfarth Synopsis: On October 12, 2021, OSHA submitted to the White House’s Office of Information and Regulatory Affairs (“OIRA”) an emergency temporary standard
Continue Reading OSHA Sends COVID-19 Vaccine Mandate Emergency Temporary Standard to White House for Final Review
By Scott Hecker
On April 26, 2021, OSHA referred its COVID-19 emergency temporary standard (“ETS”) to the White House’s Office of Information and Regulatory Affairs (“OIRA”). OIRA reviews agency standards to facilitate finalization and publication.
With President Biden’s March 15 deadline for OSHA to issue a COVID-19 ETS more than a month in the past, even those who anticipated a