To clarify the obligation employers have to protect employees from heat-related hazards, OSHA published an Advance Notice of Proposed Rulemaking (ANPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings in the Federal Register […]
OSHA Ordered to “Take No Steps to Implement or Enforce the Mandate."1 Fifth Circuit Stay of Vaccine-Mandate ETS Continues through Court’s Temporary Injunction Issued 11/12/2021. OSHA Rule Denigrated as “One-Size-Fits-All Sledgehammer.”2
On Friday, November 12, 2021, the Fifth Circuit entered its temporary injunction against the “Mandate” also referred to as the “emergency rule” or “ETS.” This swift shut down of both the rule and its enforcement by OSHA (the Occupational Safety and Health Administration), followed the appellate court’s original emergency stay, entered less than one week ago, on November 6, which came just one day after the official issuance of the OSHA rule.
A New World: 5th Circuit Stays OSHA COVID-Vaccination Mandate ETS, Affecting Employers with 100-plus Employees - Court Finds "Grave Statutory and Constitutional Issues with the Mandate."
Scarcely two days after OSHA had issued its emergency rule or "ETS" mandating COVID vaccinations in the workplace, the Fifth Circuit on November 6, 2021, granted an emergency stay of the entire rule - stopping in its tracks the federal government (OSHA), from proceeding with a very lengthy rule and, some contended, a rather oppressive mandate, all fashioned through the auspices of OSHA. The just-inked ETS mandated that employers with 100 or more employees had to act as the government's COVID vaccination enforcers so that their employees were either fully vaccinated against COVID or tested, at least, weekly, if an employee was unvaccinated, to ensure that he/she was not COVID-positive. At this point, the entire OSHA rule is suspended while the courts consider the matter further. The Fifth Circuit decision is linked here.
On September 9, 2021, President Biden announced a six-pronged plan to combat the ongoing COVID-19 pandemic in the United States. The first prong of the plan is "Vaccinating the Unvaccinated." A central component of this first […]
If you work in the construction industry, there’s a good chance that you have heard a heartbreaking story about an accident that occurred at a construction site which resulted in serious injury or death to one or more construction worker(s). Unfortunately […]
The Occupational Safety and Health Administration (OSHA) is tasked with ensuring safe working conditions by setting and enforcing standards and providing training, outreach, education, and assistance. OSHA considers the construction industry to be a […]
OSHA's New Construction Webpage Provides Specific Guidance for Employers in the Construction Industry
While the media is currently distracted from the Coronavirus, the economy is still struggling to reopen from the shut downs Coronavirus caused. As businesses reopen, employers are obligated under the Occupational Safety and Health Act of 1970 (& […]
OSHA Memo Permitting Discretion in Enforcement Based on Employer's Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic
OSHA’s April 16, 2020 guidance memo from OSHA’s Directorate of Enforcement provides OSHA area offices with unusual discretion in citing employers who otherwise exercised “good-faith” in attempting to comply with OSHA’s various […]