On Sept. 27, 2021, we posted about Ohio House Bill 401 and the potential for employers to lose workers’ compensation immunity for injuries incurred as a result of a mandatory vaccination. The bill would create a separate cause of action under Ohio law for persons allegedly injured as a result of an employer-mandated COVID-19 vaccine.

On Oct. 7, 2021, the Ohio House Labor and Commerce Committee held its second informal hearing on a separate but related piece of legislation, House Bill 435. The bill expressly provides that an injury covered under the Ohio Workers’ Compensation Act includes an injury or disability caused by an employer-mandated COVID-19 vaccine.
Continue Reading The Ohio Legislature and dueling bills: Vaccinations and Ohio workers’ compensation

As we previously reported, on Sept. 9, 2021, President Biden directed the Occupational Safety and Health Administration (OSHA) to require employers with 100 or more employees to mandate COVID-19 vaccination or weekly testing as part of a new COVID-19 action plan. The president also directed OSHA to mandate paid time off for employees to get vaccinated. OSHA will implement these directives by issuing an emergency temporary standard (ETS).
Continue Reading OSHA sends emergency temporary standard mandating COVID-19 vaccination or weekly testing for companies with 100+ employees to White House for final approval

On Sept. 24, 2021, the Safer Federal Workforce Task Force (Task Force) issued the COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors. The Guidance, which is part of President Biden’s COVID-19 Action Plan, Path Out of the Pandemic, requires that covered employees become fully vaccinated as early as Dec. 8, 2021, unless an accommodation is required or an exception applies. The specific deadline for full vaccination varies based on when the covered contract is entered into, modified or renewed.

Continue Reading Be prepared: Federal contractor vaccine and mask requirements are here

The Eastern District of Kentucky, which falls within the purview of the U.S. Sixth Circuit Court of Appeals, recently denied injunctive relief to a group of plaintiffs who challenged their employer’s mandatory vaccination requirement in Beckerich, et al., v. St. Elizabeth Medical Center Inc., et al.

Facts

In this case, plaintiffs are a group of healthcare workers who are employees or former employees of defendants St. Elizabeth Medical Center and Summit Medical Group (St. Elizabeth). St. Elizabeth recently enacted a mandatory vaccination policy, whereby an employee must receive a COVID-19 vaccination unless he or she requests a medical or religious exemption. Any employee who fails to comply with the policy may be terminated.
Continue Reading Federal Court holds that private employer’s mandatory vaccination policy is lawful

Keeping an eye on Ohio House Bill 401

Even as the federal government has moved toward mandating COVID vaccination by many employers, a bill introduced in the Ohio legislature, if passed, would eliminate workers’ compensation immunity and expose employers to potential liability for injuries incurred as a result of a mandatory vaccination.
Continue Reading Will we say goodbye to workers’ compensation immunity for mandatory COVID vaccination-related damages?

On Thursday, Sept. 9, 2021, President Biden announced a new COVID-19 Action Plan. As part of the plan, the President has directed OSHA to issue a new temporary emergency standard that will require companies with 100 or more employees to mandate COVID-19 vaccination or submit to weekly COVID-19 tests. The OSHA standard will also require paid time off for employees to get the vaccine. The plan will also require healthcare employers to mandate that employees be vaccinated for COVID-19. Finally, the President’s Action Plan requires federal employees and employees of federal contractors to be vaccinated for COVID-19.
Continue Reading President Biden directs OSHA to issue new temporary emergency standard to mandate COVID-19 vaccination or regular testing for companies with 100+ employees

As we shared in a previous blog, New York Gov. Andrew Cuomo signed the Health and Essential Rights Act (HERO Act) into law on May 5, 2021. Shortly thereafter, the New York legislature amended the HERO Act to clarify several questions that were left unanswered in the previous version of the law. On June 11, 2021, Gov. Cuomo signed the amended HERO Act into law.

Continue Reading New York passes employer-friendly amendments to HERO Act

The Occupational Safety and Health Administration (OSHA) issued a COVID-19 emergency temporary standard that is effective today. In the face of pressure from the White House and some interest groups to develop an emergency OSHA standard targeted specifically at COVID-19 workplace safety, OSHA has issued a standard targeted only at health care employers. The standard sets out extensive workplace safety requirements that employers in the healthcare sector must follow through the duration of the COVID-19 pandemic.

Continue Reading OSHA issues COVID-19 emergency temporary standard for health care employers

On June 10, 2021, the Occupational Health and Safety Administration (OSHA) revised its general COVID-19 guidance applicable to all employers. At the same time, OSHA issued a COVID-19 emergency temporary standard setting out extensive requirements for employers in the health care sector. For more details on the health care emergency temporary standard, see this blog post.

Continue Reading OSHA updates general COVID-19 guidance for all employers