Litigation

Legal experts and a former OSHA official say a federal appeals court’s order blocking implementation of the agency’s COVID-19 vaccine standard is unlikely to have a long-term impact on the rule, while worker safety advocates are pointing to the unusually quick ruling as proof that politics are “front and center” in litigation over the policy.

The U.S. Court of Appeals for the 5th Circuit has blocked implementation of OSHA’s emergency temporary standard (ETS) for COVID-19 vaccination, writing in a one-page order that the rule appears to have “grave statutory and constitutional issues,” marking the first victory for opponents of the ETS in a barrage of pending suits over its legality.

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.