What is OSHA’s top post-COVID enforcement priority?  According to Assistant Secretary of Labor and the head of the Occupational Safety and Health Administration (“OSHA”), Doug Parker, it’s heat-related illnesses.  On April 8, 2022, OSHA released its National Emphasis Program (“NEP”) for heat related issues in the workplace.

Before becoming head of federal OSHA enforcement,

Even though the calendar has not even turned to February, we already have seen major updates on the federal government’s COVID-19 rules and guidance.  This past week proved no different.  On Friday, January 21, 2022, a Texas federal judge blocked, on a nationwide basis, President Biden’s executive order mandating that federal workers get a COVID-19

The United States Supreme Court (“SCOTUS”) issued its decisions on the Biden Administration’s testing and vaccination mandates earlier today. The court was divided in both cases. The court ruled 6-3 in blocking the Occupational Health and Safety Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) which required that employers with 100 or more employees require employees to

Did the federal government overreach when it issued emergency rules forcing employers to impose vaccine mandates? The United States Supreme Court will take up that important question today when it examines emergency COVID-19 vaccine rules issued by the Occupational Safety and Health Administration and the Centers for Medicare & Medicaid Services.

The Supreme Court

As we all know by now, on November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) to protect workers in businesses with more than 100 employees from the Coronavirus, and on November 6, 2021, the Fifth Circuit Court of Appeals stayed enforcement of the ETS. B.S.T. Holdings, LLC,

I. Introduction
Today, less than two months after receiving the directive from President Biden, OSHA released its Emergency Temporary Standard that will affect two-thirds of the nation’s private workforce.

While most of the 490-page document includes detailed legal and scientific discussion (presumably in an effort to pre-empt expected legal challenges), the 15 or so pages

On Thursday September 9, 2021, President Biden outlined a multi-pronged plan to reduce the number of unvaccinated Americans in the United States, among other COVID-related initiatives.  In addition to issuing an Executive Order implementing vaccination requirements for federal workers and requiring vaccinations for healthcare workers, President Biden also directed The Department of Labor’s Occupational Safety

Today OSHA updated its previously issued “Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.”  The updates focus on: 1) helping employers protect unvaccinated workers (including those who are only partially vaccinated) or otherwise at risk (including those who are immunocompromised; and 2) implementing new guidance involving fully-vaccinated workers located in areas

On Thursday, June 10, 2021, OSHA released its long awaited COVID-19 Emergency Temporary Standard (ETS). Despite beliefs that the ETS would address all workplace settings, it only addresses workplace safety in the health care industry. Answers to the key questions regarding the ETS are outlined below:

Who does the ETS apply to?
The ETS