On December 17, 2021, in a “Friday Night Surprise” the Sixth Circuit Court of Appeals lifted the Stay on the Federal Occupational Safety and Health Administration’s COVID-19 Emergency Temporary Standard (ETS). This seminal ETS applies to employers with 100 or more employees and requires that employees be either (1) vaccinated; or (2) weekly tested and fully masked if unvaccinated. While it is anticipated that the Supreme Court will ultimately decide whether the ETS stands, OSHA has already stated that they will begin enforcement of the ETS in January 2022. Specifically, OSHA will enforce all requirements except testing for unvaccinated employees beginning January 10, 2022, and enforcement related to testing will begin February 9, 2022.
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Denise Giraudo
Denise Giraudo is a partner in the Labor and Employment Practice Group in the firm's Washington, D.C. office.
Reopening Challenges: FAQs On Preparing For Additional Waves Of COVID-19
Many areas of the country are experiencing resurgences of COVID-19, and it is foreseeable that second and perhaps third waves of the virus will hit pockets of the country throughout the remainder of 2020. As healthcare organizations struggle to balance their continued response efforts to the pandemic, with preparations for future waves, we have received many questions from provider organizations regarding how best to prepare their organizations.
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COVID-19 Employment Guidelines and FAQ
The COVID-19 pandemic has created a complex web of employment issues across various statutes and regulations. In an effort to untangle the web, the questions and answers below highlight some of the more significant issues facing employers nationwide.