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…

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

November 19, 2021


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…

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

November 16, 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 vaccination policy that requires employees to…

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

August 27, 2020


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…

OSHA Official Warns Employers To Prevent Heat-Related Incidents

May 27, 2016


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…

Congress Moves To Gut OSHA Plan To Weigh Violations In Procurement

May 26, 2016


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…

Industry Details Strategy To Stymie OSHA’s Electronic Reporting Rule

May 25, 2016


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…

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

May 20, 2016


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…

OSHA Official Says Industry Court Challenges Unlikely To Delay Silica Rule

May 19, 2016


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…

Facing Suit, OSHA Chief Offers Broad Defense Of New Injury Reporting Rule

May 11, 2016


Facing an almost certain legal challenge from industry groups, OSHA chief David Michaels is offering a broad legal and policy defense of the agency’s new rule requiring facilities to report worker injury data, arguing the measure is legally justified and will encourage employers to provide…

Industry Backs ‘Abatement Before Citation’ Bill, But Says Right To Contest Should Be Preserved

May 8, 2016


Industry advocates are voicing strong support for a measure put forth by Rep. Vickly Hartzler (R-MO) to alter OSHA enforcement by letting employers sidestep citations for non-serious regulatory violations as long as the alleged hazards are abated during a “grace period,” but there is also…

New Health, Safety Data Drives Advocates’ Push For Stricter OSHA Policies

April 27, 2016


New federal health and safety data showing an increase in the number of workplace injury and deaths is prompting new calls from labor and other advocates for policymakers to strengthen OSHA’s policies and practices, including issuance of long-awaited standards, increased enforcement and inspection funds and…