Category: News

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…

May 27, 2016

OSHA Official Warns Employers To Prevent Heat-Related Incidents

With average temperatures rising as a result of climate change, a top OSHA official is warning employers to ensure they take adequate precautions to protect their workers from heat-related injury or death, or face risk of enforcement actions and penalties. Kelly Schnapp, director of OSHA’s…

May 26, 2016

Congress Moves To Gut OSHA Plan To Weigh Violations In Procurement

Despite a threatened veto from the White House, the Senate appears slated to join the House in adopting legislation that would gut OSHA’s plan for implementing President Obama’s directive that the agency consider government contractors’ records of workplace violations in granting contracts. The Senate has…

May 25, 2016

Industry Details Strategy To Stymie OSHA’s Electronic Reporting Rule

Industry groups are laying out a multi-part strategy aimed at stymieing — and eventually rewriting — OSHA’s recently finalized electronic recordkeeping and reporting rule, signaling the measure will face significant opposition in Congress and the courts as the Obama administration prepares to leave office in…

May 20, 2016

Rules To Protect Workers From Chemicals, Falls Top OSHA’s Agenda

OSHA is planning to advance several dozen rules and proposed rules in the coming year, ranging from measures to protect workers from slips, trips and falls, industrial facility accidents and exposure to numerous toxic chemicals, according to a federal rulemaking docket. In the Spring 2016…

May 19, 2016

OSHA Official Says Industry Court Challenges Unlikely To Delay Silica Rule

A top OSHA official is pushing back against industry plans to delay implementation of the agency’s new rule limiting silica exposures in workplaces, calling recent industry appeals court challenges to the rule an “expected” consequence of any major OSHA rule, and saying the lawsuits are…