OSHA’s Vaccine ETS Is Here, Circuit Court Blocks ETS, Health Worker Vaccine Rules

This week, the Biden administration has finally released the COVID-19 vaccine mandate rules for employers with 100 or more employees, and the challenges started right away.

Employers Face December, January Vaccine ETS Deadlines

On November 4, the Occupational Safety and Health Administration (OSHA) released its much-anticipated Emergency Temporary Standard (ETS). The ETS covers COVID-19 vaccine, testing, and related requirements for most employers with at least 100 employees. Attorneys Bob O’Hara and Nancy Popper discuss how employers are beginning preparations to meet deadlines in early December and January, despite challenges to the standard already popping up in court. Read more.

OSHA’s Vaccine ETS for Large Employers
Play
January 1, 2020

Video: YouTube, Vimeo.

Podcast: Apple Podcasts, Google Podcasts, Overcast, Spotify, Stitcher.

Circuit Court Blocks OSHA Emergency Temporary Standard

Just one day after the OSHA ETS became effective, the U.S. Court of Appeals for the Fifth Circuit temporarily stayed the regulation in a case captioned BST Holdings, LLC v. OSHA. Additional petitions for review of the ETS have been filed in at least three other circuits. Read more.

CMS Rules Require Health Workers to Be Fully Vaccinated

Also on November 4, the Centers for Medicare & Medicaid Services issued an interim final rule requiring COVID-19 vaccination for staff at Medicare- and Medicaid-certified providers and suppliers. The interim final rule requires full COVID-19 vaccination by January 4, 2022. Read more.

Other Highlights

COVID-19 WORKFORCE (re)sources
Click here to see what state and local governments have done to address the COVID-19 pandemic this week.

Task Force Issues New FAQs on COVID-19 Workplace Safety Guidance for Federal Contractors
Workforce Bulletin
Dean Singewald, Nathaniel Glasser, Frank Morris, Peter Stein

Q&A with EBG’s Managing Director, James P. Flynn: Lessons from a Virtual Bench Trial
Commercial Litigation Update
Robert Travisano, James Flynn

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