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Articles Posted in Workplace Safety / Violence

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The Supreme Court will not rule on OSHA’s vax-or-test mandate until after it takes effect on Jan. 4

When the Sixth Circuit breathed new life into OSHA’s vaccine-or-test Emergency Temporary Standard (ETS), the January 4, 2022 compliance deadline became real again. Then, as I mentioned yesterday, various petitioners peppered the Supreme Court with appeals to block the ETS again. Then, last night, the Supreme Court announced that it…

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Let’s play a game. How well do you know your state’s stance on OSHA’s COVID-19 vax-or-test mandate?

The ink is barely dry from Friday’s Sixth Circuit 2-1 decision to lift the stay of OSHA’s vaccine-or-test COVID-19 Emergency Temporary Standard (ETS). And petitions to block the mandate are flying into the Supreme Court. Among the filers are more than half the United States of America — 27 to…

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Meanwhile, another federal appellate court refused to lift the nationwide stay of the federal contractor vaccine mandate

“Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.” Ferris Bueller was on to something there. In just the past seven days, we had the Sixth Circuit Court of Appeals deny a request to have the entire court decide whether…

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Why might OSHA’s vax-or-test mandate be legal after all? And what should employers be doing about it?

ICYMI, on Friday evening, the Sixth Circuit Court of Appeals dissolved the stay of OSHA’s vax-or-test Emergency Temporary Standard (ETS). You can read a copy of the full opinion here. Let’s start with the second question in the title of this blog post. What should employers do now that the ETS is…

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And just like that, the CMS vaccine mandate is back on in 26 states. Ok, 25 states. Maybe.

On Wednesday, the Fifth Circuit Court of Appeals — the same federal appellate court that stayed OSHA’s vaccine-or-test Emergency Temporary Standard — breathed new life into another federal vaccine mandate. I’m talking about the Center for Medicare and Medicaid Services healthcare COVID-19 vaccine mandate (the “CMS Rule”). A few weeks…

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One of the Sixth Circuit judges couldn’t resist sharing his two cents on OSHA’s vax-or-test mandate

As the business community patiently awaits a ruling from the Sixth Circuit Court of Appeals on whether the Fifth Circuit correctly stayed the OSHA Emergency Temporary Standard, we did get a significant Sixth Circuit ruling yesterday. The court confirmed that the entire court will not yet decide whether the ETS is…

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And now ALL of the federal COVID-19 mandates for private sector employers are STAYED

Image Credit: Openclipart.org (For private sector employers, at least.) Last month, the Fifth Circuit Court of Appeals stayed OSHA vax-or-test mandate. Last week, a Louisiana federal judge entered a nationwide injunction against the CMS healthcare COVID-19 vaccine mandate. Yesterday, a Georgia federal judge completed the trinity with a nationwide temporary ban on President…

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The 11th Circuit denied Florida’s appeal to block the same CMS vaccine mandate that another court already halted in 10 states and another judge blocked nationwide.

Image Credit: Openclipart.org Wait, what? I’ll clear this up for you. First, let’s do a quick recap. On November 20, a federal court in Florida denied the State of Florida’s attempt to enjoin the interim final CMS rule mandating COVID-19 vaccinations for all covered healthcare staff. You can view a…