On January 13, 2022, the Oregon Occupational Safety and Health Division (Oregon OSHA) announced that because the Supreme Court of the United States has stayed the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), it “will not move forward with adopting the same or similar standard in Oregon.” Oregon operates an OSHA-approved state plan that applies to both public and private employers. Accordingly, Oregon employers are subject to…
Minnesota’s Occupational Safety Administration (MNOSHA) adopted the federal Occupational Safety Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) on January 3, 2022, and began enforcing the rules on January 10, 2022. Yesterday, the Supreme Court of the United stayed the enforcement of the ETS and remanded the case to the Sixth Circuit Court of Appeals, which will now consider the merits of the case. In response to the stay, MNOSHA suspended enforcement…
As the mayors of Minneapolis and St. Paul did last week, Duluth’s mayor, Emily Larson, issued an indoor mask mandate, effective January 13, 2022, due to the spread of the COVID-19 Omicron variant. City of Duluth Proclamation and Declaration of Emergency The Duluth mask mandate states “[n]o person in control of a Space of Public Accommodation shall allow a person who is five years of age of older to enter or remain in their Space…
SCOTUS Halts OSHA’s Vax-or-Test ETS (but Greenlights CMS Rule). On January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccination-or-testing emergency temporary standard (ETS) pending legal review in the Sixth Circuit Court of Appeals. In issuing the stay, the Court ruled that the challengers to the ETS were likely to prevail because the ETS exceeded OSHA’s statutory authority under the Occupational Safety and Health Act…
On January 7, 2022, the Supreme Court of the United States heard oral argument on the cases challenging both the secretary of Health and Human Services’ interim final rule and the secretary of Labor’s emergency temporary standard (ETS). At the time of the argument, the CMS vaccine rule was temporarily enjoined in 25 states and enforceable in 25 states, and the OSHA ETS was alive and enforceable in all 50 states. On January…
On Thursday, January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Court remanded the case to the Sixth Circuit Court of Appeals, which will consider the merits of the case. The Court’s Decision The issue before the Court was whether the Sixth Circuit Court’s decision to dissolve a stay and allow the ETS to go into…
In a pair of related rulings in Hayes v. University Health Shreveport, LLC, and Nelson v. Ochsner Lafayette General, the Supreme Court of Louisiana held on January 7, 2022, that private Louisiana employers may mandate COVID-19 vaccines for their employees. “[T]his court finds Employer is entitled to terminate Employees for failure to comply with the vaccine mandate,” the court said in a unanimous decision written by Chief Justice John Weimer, finding “no exception to [Louisiana’s]…
On January 7, 2022, the Illinois Department of Labor (IDOL) filed peremptory rules adopting the U.S. Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). IDOL will require all state and local public employers in Illinois to comply with ETS sections (d)-(l). IDOL’s peremptory rules do not apply to private businesses. Employer Policies on Vaccination Under the ETS, covered employers “must establish, implement, and enforce a written mandatory vaccination policy.”…
New Orleans has revived its mask mandate for indoor spaces, effective January 12, 2022. Citing increased COVID-19 infection and hospitalization rates, Mayor Latoya Cantrell has ordered that all individuals over the age of two who do not have breathing complications must wear masks “when in indoor spaces outside the household, unless actively eating or drinking.” The mandate also applies to persons riding in a vehicle with non-family members. The mandate applies to all businesses and…
Oregon operates a state plan that the U.S. Occupational Safety and Health Administration (OSHA) has approved that applies to both public and private employers. Accordingly, Oregon employers are subject to the state OSHA’s standards rather than the federal OSHA standards. Oregon OSHA may adopt an emergency temporary standard (ETS) related to COVID-19 that differs from the federal ETS, but Oregon OSHA’s ETS must be “as effective as” the federal ETS. Moreover, Oregon employers are…