Category: News

January 25, 2022

OSHA Withdraws Vaccinate or Test Emergency Temporary Standard

Federal OSHA announced today that it is withdrawing its Emergency Temporary Standard (“ETS”) which required employers with 100 or more employees to require workers to either be vaccinated against COVID-19 or to test weekly.  The withdrawal takes effect January 26, 2022. Multiple Groups including 26…

January 14, 2022

Supreme Court Grants Stay of OSHA Vaccinate or Test Mandate; CMS Vaccinate or Test Mandate Allowed to Take Effect

On Thursday, January 13, 2022, the United States Supreme Court granted various states’ and industry groups’ applications to stay OSHA’s COVID-19 vaccine mandate pending further review.  Technically, the Court has not yet even taken up the underlying case on its merits, let alone issued a…

January 11, 2022

Oregon OSHA’s Search For A New Administrator Continues; Lou Savage Named As Interim Administrator

On January 10, 2022, Oregon OSHA announced that it will change directions in its  effort to hire a new Administrator.  The position has remained vacant since October 22, 2021, when the prior Administrator, Michael Wood, resigned to accept a position as Deputy Director of Operations…

December 23, 2021

U.S. Supreme Court to Hear Oral Arguments on OSHA and CMS Vaccine Mandates

The United States Supreme Court has scheduled oral arguments for January 7, 2022, on the vaccine mandate rules adopted by both OSHA and the Center for Medicare Services (“CMS”).  The OSHA mandate applied to employers with more than 100 employees.  The CMS mandate applied to…

December 22, 2021

Washington Adopts New Rules Implementing Public Health Reporting and Notification Requirements

In August 2021, Washington adopted the Health Emergency Labor Standards Act (HELSA).  The Act provides a rebuttable presumption of workers’ compensation coverage for certain workers and imposes new notification and reporting requirements on employers in the event of a public health emergency. In response to…

December 21, 2021

Changes and Clarifications to Loss of Earnings Power (LEP) Benefit Calculations in Washington

On November 29, 2021, The Department of Labor and Industries, through its Loss of Earning Power Workgroup, approved a significant change in how bonuses are utilized in calculating LEP benefits.  In addition, the LEP Workgroup provided further clarification on how health care benefits and overtime…

December 20, 2021

OSHA Vaccine Mandate: 6th Circuit Lifts Stay on Large Employer Vax or Test Mandate | Appeal to US Supreme Court Expected | OSHA Moving Forward with Enforcement

Background:  Multiple Groups including 26 states filed petitions in the Fifth, Sixth, Seventh, Eighth, and D.C. Circuits, requesting a stay of OSHA’s Emergency Temporary Standard (ETS) which featured a requirement that employers with at least 100 employees adopt a COVID-19 vaccination policy that requires employees…

December 16, 2021

Injunctions Against CMS Vaccine Mandate Partially Upheld – Supreme Court Review Requested

Three-Judge panels in the U.S. Court of Appeals for the 8th and 5th Circuits have partially upheld recent District Court injunctions prohibiting enforcement of the vaccine mandate for healthcare workers.  The mandates, originally adopted in rules adopted by the Center for Medicare and Medicaid Services…

December 1, 2021

U.S. District Courts Block Vaccine Mandate for Health Care Workers

On Monday, November 29, 2021, U.S. District Court Judge Matthew Schelp of the Eastern District of Missouri, issued a preliminary injunction which prohibited implementation and enforcement of the federal COVID-19 vaccine mandate for Medicare- and Medicaid-certified providers and suppliers.  The preliminary injunction only applies to…

November 19, 2021

6th Circuit To Hear OSHA Vax ETS Challenge; OSHA Suspends Action; State Plans Expected To Wait And Watch

The United States Court of Appeals for the Sixth Circuit was selected to hear the consolidated challenges to Federal OSHA ETS mandating vaccine or test for large employers.  The Sixth Circuit has jurisdiction over federal appeals arising from the states of Kentucky, Michigan, Ohio and…

November 16, 2021

OSHA Vaccine Mandate: Lawsuits in 5th, 6th, 7th, 8th, 11th, and D.C. Circuits; 5th Circuit Issues Stay

Background: Multiple Groups including 26 states filed petitions in the Fifth, Sixth, Seventh, Eighth, and D.C. Circuits, requesting a stay of OSHA’s Emergency Temporary Standard (ETS) which featured a requirement that employers with at least 100 employees adopt a vaccination policy that requires employees to…

August 27, 2020

OR-OSHA Seeks to Eliminate “Rogue Supervisor” Defense… Again

Issue:  Déjà vu – all over again.  In 2012 OR-OSHA informed the regulated community that it intended to develop an administrative rule to limit the application of the “Rogue Supervisor” defense endorsed by the Court of Appeals in the CC&L decision.  As a result of…