Litigation

OSHA’s new emergency temporary standard (ETS) for COVID-19 vaccination is drawing mixed reactions from stakeholders, as safety advocates are generally backing the rule but say it is not protective enough, while industry and others split between groups welcoming the mandate, sometimes with reservations, and others who say it is unlawful.

OSHA has released its emergency temporary standard (ETS) for COVID-19 vaccinations, with a Jan. 4 deadline for employers with 100 or more workers to begin requiring their employees to either show proof of vaccination or test weekly for the coronavirus, with administrative and record keeping mandates set to take effect Dec. 5.

The White House Office of Management and Budget (OMB) has completed its review of OSHA’s COVID-19 vaccination standard and the agency says it will release the rule “in the coming days,” as Republican state leaders and other opponents of vaccine mandates ready an expected blitz of legal challenges.

A new decision from the U.S. Court of Appeals for the 1st Circuit refusing to block Maine’s COVID-19 vaccination mandate for healthcare workers over religious-freedom claims could bode well for OSHA’s impending general-industry vaccine standard, but attorneys say any such case is still likely to go to the Supreme Court.

The White House Office of Management and Budget (OMB) has started stakeholder meetings on OSHA’s upcoming emergency temporary standard (ETS) for COVID-19 vaccination, and several industry groups tell Inside OSHA they have used their sessions to raise concerns on implementation and recordkeeping requirements in the rule.

The U.S. Court of Appeals for the 2nd Circuit could soon decide whether changes in state and federal workplace safety guidelines for the COVID-19 pandemic have rendered moot litigation over employers’ alleged failures to comply with earlier safeguards, as it weighs new arguments in Amazon workers’ suit over warehouse conditions.

OSHA has sent its hotly-anticipated COVID-19 vaccine emergency temporary standard (ETS) for White House Office of Management and Budget (OMB) review, signaling the administration could soon enact its mandate for large private-sector employers to set strict vaccination requirements for their workers.

The Occupational Safety and Health Review Commission (OSHRC) is setting a demanding test for OSHA to enforce portions of its safety standard for telecommunications work, holding that a cable company exercised “reasonable diligence” when it assumed an experienced worker would follow training on the standard without close supervision.

Legal scrutiny of OSHA’s pending vaccine mandate is ramping up, as Arizona’s attorney general has filed what appears to be the first suit to block the rule while unions that challenged the agency’s earlier COVID-19 standard for the healthcare sector are suspending that suit to consider how the agency’s new policy will affect it.

Republican governors are vowing to oppose President Joe Biden’s newly announced plan for OSHA to mandate strict COVID-19 vaccination requirements for private-sector employers, threatening court challenges and executive orders aimed at blocking any workplace vaccine requirement.