Oregon Announces Plan to Lift Indoor Mask Mandates

February 8, 2022


On February 7, 2022, Oregon state officials announced that the state intends to lift its indoor mask mandate for public places and schools no later than March 31, 2022.  Oregon may consider lifting the indoor mask requirement for public places other than schools earlier than…

Oregon OSHA Proposes Permanent Wildfire Smoke Rules – Public Hearings Scheduled

February 1, 2022


Oregon OSHA adopted temporary rules related to exposure of Oregon workers to wildfire smoke on August 3, 2021.  The rules required employers to monitor the air quality to which their workers might be exposed and to take certain steps if the Air Quality Index (AQI)…

Oregon OSHA Proposes Permanent Heat Rules – Public Hearings Scheduled

February 1, 2022


Oregon OSHA adopted temporary rules related to exposure of Oregon workers to high ambient heat on July 8, 2021.  The rules contained requirements for providing shade, water, training and other resources when Oregon workers could be exposed to temperatures in excess of 80 degrees Fahrenheit. …

OSHA Withdraws Vaccinate or Test Emergency Temporary Standard

January 25, 2022


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…

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

January 14, 2022


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…

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

January 11, 2022


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…

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

December 23, 2021


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…

Washington Adopts New Rules Implementing Public Health Reporting and Notification Requirements

December 22, 2021


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…

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

December 21, 2021


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…

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

December 20, 2021


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…

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

December 16, 2021


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…

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

December 1, 2021


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…