Rulemaking

OSHA is urging a federal appellate court to wait to consider litigants’ bids to block implementation of its COVID-19 vaccine standard until the many pending challenges to that rule are consolidated into a single venue, while also raising its first defenses of the rule against claims that the policy is unlawful or unconstitutional.

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.

Manufacturers are urging OSHA to adopt industry consensus standards as the basis for first-time updates to its 1971 mechanical power press rule, and to consider a separate standard for hydraulic and pneumatic presses, but are split on the feasibility and cost of quickly implementing any such changes.

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.

House members used recent hearings on COVID-19 issues to raise competing claims on OSHA’s impending vaccination standard, with Republicans arguing that the rule could exacerbate supply chain shortages and other economic fallout from the pandemic while Democrats said the agency must take a strict approach to protect workers.

OSHA’s long-awaited call for input on a federal heat danger standard details dozens of subjects where the agency is seeking data and recommendations from stakeholders, including lessons learned from existing state and employer heat programs, metrics for identifying dangerous temperatures, and equity issues related to the hazard.

OSHA is warning three states that it could withdraw their state plan status unless they craft COVID-19 protections for healthcare workers, arguing that all three have failed to adopt counterparts to the agency’s emergency temporary standard (ETS) and thus violated the mandate to maintain programs “at least as effective” as federal standards.