Melanie L. PaulBlog Posts

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  • 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
  • CDC’s Expansion of “Close Contact” Definition Spells Trouble for Employers

    On Wednesday, October 21, 2020, the CDC issued new guidance expanding the definition of a “close contact” from someone who has been within 6 feet of a COVID-19 positive person for 15 minutes or more to: “Someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more...… Continue Reading
    October 21, 2020
  • Occupational Safety and Health Review Commission Issues Spate of Pro-Employer Decisions

    Last week, the Occupational Safety and Health Review Commission (OSHRC), a 3-Commisioner panel appointed by the President and confirmed by the Senate which hears appeals of contested OSHA cases, issued two decisions vacating OSHA’s citations and one decision reclassifying a willful violation to a serious violation and reducing the penalty from $49,000 to just $3500....… Continue Reading
    September 29, 2020
  • Mine Safety and Health Administration tells Federal Court that it is Issuing Citations for COVID-19 Health and Safety Violations

    Co-Authored by Brian Lundgren As the COVID-19 pandemic continues, the battle over when or if employers should be liable for personal injuries arising from coronavirus exposure allegedly caused during employment lurks on the horizon. The United States Court of Appeals for the D.C. Circuit recently rejected a union’s request for the Court to compel the...… Continue Reading
    July 24, 2020
  • Mine Safety and Health Administration tells Federal Court that it is Issuing Citations for COVID-19 Health and Safety Violations

    As the COVID-19 pandemic continues, the battle over when or if employers should be liable for personal injuries arising from coronavirus exposure allegedly caused during employment lurks on the horizon. The United States Court of Appeals for the D.C. Circuit recently rejected a union’s request for the Court to compel the U.S. Department of Labor’s... Continue Reading…
    July 24, 2020
  • Greater Enforcement Coming? OSHA Issues Citations for Respirator Program Violations after Employees Were Hospitalized with COVID-19

    In a new effort to use existing regulations to respond to the ongoing public health emergency, OSHA cited an Ohio healthcare company for alleged serious violations of OSHA’s respirator regulations. OSHA launched an investigation at three of the employer’s healthcare facilities after seven employees were hospitalized with COVID-19. Even though the employer provided the necessary... Continue Reading…
    July 23, 2020

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