Does OSHA’s New Rule Have a Shot? Updates from the Fifth Circuit and BeyondAs most employers already know, OSHA’s newly announced COVID-19 Emergency Temporary Standard (ETS) is set to take effect January 4, 2022, and will require, among other things, that workers at U.S. companies with at least 100 employees be vaccinated against COVID-19 or be tested weekly. You can read more on the nuts and bolts of

It’s Finally Here: OSHA Reveals COVID-19 Vaccine Rule for Private SectorThe OSHA Emergency Temporary Standard is hot off the presses — now what? Undoubtedly, there will be lots and lots of discussion and legal challenges over the next several days. Although this is not an in-depth analysis, here are the nuts and bolts:

In general, the ETS:

  • Applies to employers with 100 or more employees

Potential New Tennessee Law Prohibits Many Businesses from Requiring Proof of COVID-19 Vaccine, Requires Government Contractors to Apply for ExemptionThings just got more complicated in Tennessee for private employers wrestling with COVID-19 vaccines. On October 30, the Tennessee Legislature passed an omnibus COVID-19 bill that does not entirely line up with the current or expected federal mandates. While the bill is not law yet, the highlights include:

  • Don’t ask for proof of vaccine. The

As we reported here, President Biden issued his “Path out of the Pandemic” memorandum on September 9, 2021. Part ofWhen Do We Have to Require the Shot? Status of the OSHA Vaccine Mandate that memorandum directed the Occupational Safety and Health Administration (OSHA) to develop a rule to increase the number of workers who have received a COVID-19 vaccination. The direction was to do this through the

Get Poked or Get Canned – Can You Terminate an Employee for Refusing the Vaccine? The answer is it depends.

Why is the employee refusing the vaccine?

For employers mandating the vaccine, an employee’s refusal to receive it because he or she simply does not want to be vaccinated is likely fair game for termination. Typically, however, an employee will seek a reasonable accommodation that enables him or her not

President Biden Calls His Shot: The New Federal Vaccine Mandate — What Does It Mean?Yesterday, President Biden announced that he is entering two Executive Orders requiring COVID-19 vaccines for federal workers and contractors and that administrative agencies (the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health Administration) will be issuing requirements establishing vaccine protocols for large employers and healthcare providers. President Biden expressed his

Yes, We’re Still Talking About COVID-19: OSHA Updates Guidance for WorkplacesRecently OSHA updated its guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace for employers who are not covered by the “COVID-19 Emergency Temporary Standard for Healthcare.” As we explained before, the ETS applied to healthcare services and healthcare support services. OSHA’s update reflects the CDC’s newest mask and testing recommendations

Helpful Guidance Comes to Those Who Wait: OSHA Issues Long-Awaited COVID-19 Safety RuleAfter the CDC updated its mask guidance, we have all be wondering: Can we eliminate our mask and social distancing requirements for vaccinated employees? Can we ask employees if they have been vaccinated? Can we hold meetings and social gatherings in person again? While we gave you options and best practices in a recent

OSHA Stand Down for Stand Up Safe Employers — Good Tips on FallsAs the construction industry continues to recover from the COVID-19 pandemic, it also continues to focus on worker safety. Consistent with this focus, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has scheduled the eighth annual “National Safety Stand-Down to Prevent Falls in Construction” event for May 3-7, 2021. OSHA is encouraging

What to Do Before OSHA Comes Knocking with a COVID-19 Inspection Earlier this year, OSHA issued Guidance on Preparing Workplaces for COVID-19, an educational reference designed to advise employers in all industries on implementing engineering, administrative, and work practice controls and personal protective equipment (PPE). The guidance is purely advisory and does not create new legal obligations. Nevertheless, now that OSHA is turning its attention