Assessing Compliance Obligations with the OSHA COVID-19 Vaccine/Testing ETS After the Sixth Circuit Reinstated the Standard

On Dec. 17, the Sixth Circuit Court of Appeals dissolved a stay from the Fifth Circuit Court of Appeals and reinstated OSHA’s COVID-19 Emergency Temporary Standard (ETS) for vaccines and testing. Essentially, the Court agreed with the Department of Labor that it had authority to issue the ETS and that the circumstances warranted an emergency…

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Federal Court Puts OSHA’s Emergency COVID Vaccination Mandates on Hold, But Private Employers Must Still Consider Next Steps

What You Should Know OSHA issued an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate COVID-19 vaccinations or regular testing for employees that do not choose to vaccinate. The Fifth Circuit Court of Appeals rendered the ETS unenforceable by issuing a temporary stay, which it subsequently reaffirmed and which OSHA…

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OSHA Issues COVID-19 Workplace Vaccine-or-Testing Mandate

The Occupational Safety and Health Administration (OSHA) released its highly anticipated emergency temporary standard requiring businesses with at least 100 employees to mandate that their employees get vaccinated against the coronavirus or wear a mask and test for COVID-19 on at least a weekly basis. Additionally, the White House announced the following details: All unvaccinated workers must…

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When May an Employer Reject a Religious Accommodation Request?

An employer that requires vaccinations against COVID-19 must grant sincere religious accommodation requests, so long as they don’t cause an undue hardship on the company. How can a business tell whether an objection to vaccination is based on a genuinely held religious belief and accommodate without creating an undue hardship? Since it is so hard…

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Should Job Seekers Disclose Their Vaccination Status Upfront?

As more companies consider establishing a vaccine mandate, a trend is taking shape: Job seekers are promoting themselves as “Fully Vaccinated” on applications, resumes and LinkedIn profiles to stand out. Some experts are beginning to say that vaccination status is a must-have line item on resumes and LinkedIn profiles as employers prepare for regulations that…

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COVID-19 Infection May Be an OSHA Recordable WorkRelated Illness

The COVID-19 pandemic will likely to be a concern and challenge for employers for longer than anyone had hoped or anticipated. As businesses adjust to what seems to be a “new normal” it is worth a reminder that COVID-19 infection can be a recordable illness on an employer’s Occupational Safety & Health Administration (“OSHA”) 300…

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As COVID-19 Cases Rise Again, New Federal and State Health and Safety Rules Diverge Dramatically

Employers are having to keep on their toes when it comes to protecting employees from COVID-19. Shifts in the outbreak continue to drive rapidly changing workplace health and safety rules in the Pacific Northwest, and this is leading to dramatically different requirements being imposed by federal and state authorities. No sooner had many employers considered…

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OSHA Advises Employers Not to Record Adverse Reactions From Voluntary COVID-19 Vaccines on the 300 Log

OSHA yesterday issued an additional guidance addressing whether employers need to record adverse vaccine reactions on their 300 Logs. Consistent with the OSHA regulations, OSHA’s guidance explains that an adverse reaction to the COVID-19 vaccine is recordable if the reaction is: (1) work-related, (2) a new case, and (3) meets one or more of the general recording…

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Manufacturers Should Prepare for OSHA’s New and Altered Proposed Hazard Communication Requirements

Manufacturers, suppliers, distributors, and importers have often struggled with communicating product hazards to downstream employees and users, due to complex hazard communication requirements in international standards, as well as federal and state law. The Occupational Safety and Health Administration (OSHA) has announced proposed amendments to the Hazard Communication Standard (HCS) in 29 CFR 1910.1200 to…

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