OSHA Remains in Control Over Emergency Temporary Standards

September 30, 2022


In re Nat’l Nurses United, No. 22-1002, 2022 WL 3694867 (D.C. Cir. Aug. 26, 2022) In August 2022, a Court of Appeals for the District of Columbia case relating to OSHA’s regulatory rights and the COVID-19 pandemic was published. In In re National Nurses United,…

Federal Contractor Vaccine Mandate Overturned

September 30, 2022


Georgia v. President of the United States, No. 21-14269, 2022 WL 3703822 (11th Cir. Aug. 26, 2022) In August 2022, an Eleventh Circuit Court of Appeals case relating to the COVID-19 pandemic was published.  This case represents a shift in federal authority regulating workers’ rights…

Federal OSHA Weekend Work Initiative

August 22, 2022


Federal OSHA announced its Weekend Work initiative which will allow for workplace safety and health inspections to take place on Saturdays and Sundays throughout Fall 2022. This initiative is meant to specifically focus on construction-related fall hazards. According to OSHA, job sites are not as…

Temporary Worker Best Practices

August 22, 2022


On July 26, 2022, the National Institute for Occupational Safety and Health has released a new set of guidelines pertaining to best practices regarding temporary workers (“TWs”).  These apply to host employers (“HEs”) of temporary workers (“TWs”) across all industries that employ, or plan to…

New Processing Obligations for Oregon Insurers/Administrators

June 6, 2022


A case decided by the Oregon Workers’ Compensation Board on May 17, 2022, Luis F. Nava, 74 Van Natta 372 (2022), imposes new obligations on insurers and claims administrators to affirmatively evaluate whether it is appropriate to expand a claim acceptance to include additional conditions…

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…