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Melanie L. PaulBlog Posts

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Unions Ask 6th Circuit to Transfer COVID Rule Case to D.C. Circuit; Government Opposes En Banc Review

As the OSHA COVID ETS saga continues to unfold, several union groups have filed a motion. Read more. Continue Reading…
December 2, 2021

Petitioners Ask 6th Circuit to Hear OSHA ETS Challenge En Banc with All Active Judges

Four separate groups of petitioners challenging the OSHA ETS, including a coalition of 27 states, have asked the court to hear the OSHA challenge en banc, arguing that the case involves a question of exceptional importance in that it is an “unprecedented mandate of COVID-19 vaccines based on a rarely used law of questionable applicability.” Bentkey Servs.,... Continue Reading…
December 2, 2021

Unions Ask 6th Circuit to Transfer COVID Rule Case to D.C. Circuit; Government Opposes En Banc Review

As the OSHA COVID ETS saga continues to unfold, several union groups have filed a motion requesting that the 6th Circuit transfer all of the consolidated petitions to the D.C. Circuit, arguing that the D.C. Circuit is better equipped to handle the matter.  The United Food and Commercial Workers International Union, AFL/CIO-CLC and the American...
November 30, 2021

Petitioners Ask 6th Circuit to Hear OSHA ETS Challenge En Banc with All Active Judges

Four separate groups of petitioners challenging the OSHA ETS, including a coalition of 27 states, have asked the court to hear the OSHA challenge en banc, arguing that the case involves a question of exceptional importance in that it is an “unprecedented mandate of COVID vaccines based on a rarely used law of questionable applicability.”...
November 22, 2021

Fate of OSHA’s COVID-19 Vaccine ETS in the Hands of Sixth Circuit Court

The U.S. Court of Appeals for the Sixth Circuit will decide the merits of the challenges to the OSHA COVID-19 vaccine Emergency Temporary Standard. Read more. Continue Reading…
November 22, 2021

Fate of OSHA’s COVID-19 Vaccine ETS in the Hands of Sixth Circuit Court

The U.S. Court of Appeals for the Sixth Circuit has won the much-anticipated Multi-District Litigation lottery and will get to decide the merits of the challenges to the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine Emergency Temporary Standard (ETS). Under the ETS, employers with at least 100 employees must adopt a vaccination policy that requires... Continue Reading
November 17, 2021

5th Circuit Orders OSHA to Stand Down

In a 22-page order issued November 12, 2021, the Fifth Circuit reaffirmed its initial stay of OSHA’s vaccine Emergency Temporary Standard (ETS). The 5th Circuit stated that petitioners are likely to succeed on the merits, meaning that OSHA’s ETS is an overreach of its authority on likely a variety of grounds. The 5th Circuit also...
November 15, 2021

Fifth Circuit Hits Pause on OSHA COVID-19 Vaccine or Testing Emergency Standard

One day after the Occupational Safety and Health Administration (OSHA) released the ETS, a panel of the U.S. Court of Appeals for the Fifth Circuit granted a nationwide stay. Read more. Continue Reading…
November 10, 2021

OSHA Issues Emergency Temporary Standard Requiring COVID-19 Tests or Vaccinations for Most Employers

Less than two months after receiving direction from President Joe Biden, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) covering employers with at least 100 employees. Employers must comply with many of the requirements within 30 days and begin required testing within 60 days of the November 5, 2021,...
November 4, 2021

Federal Appeals Court Deals Blow to OSHA’s Ability to Cite Repeat Violations

On Tuesday, October 27, 2020, the U.S. Court of Appeals for the Tenth Circuit issued a long- awaited decision in Sec’y of Labor v. Wynnewood Refining Co., LLC. That case originated in 2012 when OSHA inspected the company following a boiler explosion that killed two employees. OSHA issued several repeat citation items under the Process...… Continue Reading
October 29, 2020

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