Fed OSHA’s New COVID-19 Vaccine-Mandate Emergency Rulemaking [Webinar Recording]

On September 17, 2021, attorneys from Conn Maciel Carey LLP’s COVID-19 Task Force presented a webinar reviewing OSHA’s new COVID-19 emergency rulemaking focused on vaccine and testing mandates for many US employers.

On September 9th, President Biden revealed a new COVID-19 Action Plan with one of several key goals to “Vaccinate the Unvaccinated.” The most notable aspect of that plan is a directive to federal OSHA to develop a 2nd COVID-19 Emergency Temporary Standard requiring all but small employers in all industries to implement “soft” vaccine mandates; i.e., require employees to either be fully vaccinated or get weekly testing. The President also directed OSHA to include in this new ETS a requirement that employers provide paid time for employees to get vaccinated and recover from ill effects of the vaccine. Separately, the President issued Executive Orders setting “hard” vaccine mandates for federal contractors and healthcare workers.

The President’s announcement was lean on details, and prompted as many questions as it answered. The attorneys from CMC’s OSHA and Employment Law practices discussed our take on the burning questions raised by this latest development on the COVID-19 front: Continue reading

Q&As About Fed OSHA’s New COVID-19 Vaccine-Mandate Emergency Rulemaking

By Conn Maciel Carey’s COVID-19 Taskforce

Last Thursday, September 9th, President Biden announced that he is directing OSHA to issue a new Emergency Temporary Standard (ETS) that would require many employers to provide paid time for employees to get and recover from getting vaccinated and to implement “soft” vaccine mandates; i.e., require employees either to be fully vaccinated or get weekly COVID-19 testing, as well as issuing new Executive Orders requiring federal contractors to implement “hard” vaccine mandates.

While we anticipated OSHA would reconsider the need for a broader COVID-19 ETS applicable beyond just the healthcare sector in light of the impact of the Delta variant, President Biden’s decision to use a new ETS focused on vaccinations and testing as a central element of his newly unveiled Path Out of the Pandemic – COVID-19 Action Plan raises a host of challenges for employers across the country.  To help our clients and friends in industry prepare for and navigate this emergency rulemaking, we have prepared an extensive list of Q&As about OSHA’s Emergency Rulemaking for a COVID-19 Vaccine-Mandate ETS.  Also, here are links to an article we prepared summarizing OSHA’s new emergency rulemaking, a recording of the webinar about the ETS we conducted last week, and the slides we used.

We understand from our contacts at OSHA that the agency will move much more quickly to prepare and send this ETS to the White House, so it is imperative that the employer community come together now to identify shared concerns and considerations and begin advocating to OSHA and OMB so that this new ETS is one with which industry can reasonably manage.  To that end, Conn Maciel Carey LLP is organizing a coalition of employers and trade groups to advocate for the most reasonable fed OSHA COVID-19 emergency rule focused on vaccination and testing possible.

For several reasons, we believe this emergency rulemaking may be the OSHA rulemaking that has the most opportunity for industry influence that we can recall.  First, Continue reading

[Bonus Webinar] Fed OSHA’s 2nd COVID-19 Emergency Temporary Standard: Vaccine and Testing Mandates

Join attorneys from Conn Maciel Carey LLP’s COVID-19 Task Force on Fri., Sept. 17th at 1 PM ET for a webinar reviewing OSHA’s 2nd COVID-19 emergency rulemaking focused on vaccine and testing mandates for many US employers.

On Sept. 9th, Pres. Biden revealed a new COVID-19 Action Plan with one of several key goals to “Vaccinate the Unvaccinated.” The most notable aspect of that plan is a directive to federal OSHA to develop a 2nd COVID-19 Emergency Temporary Standard requiring all but small employers in all industries to implement “soft” vaccine mandates; i.e., require employees to either be fully vaccinated or get weekly testing. The President also directed OSHA to include in this new ETS a requirement that employers provide paid time for employees to get vaccinated and recover from ill effects of the vaccine. Separately, the President issued Executive Orders setting “hard” vaccine mandates for federal contractors and healthcare workers.

The President’s announcement was lean on details, and prompted as many questions as it answered. Join the attorneys from CMC’s OSHA and Employment Law practices to talk through our take on the burning questions raised by this latest development on the COVID-19 front: Continue reading

[Webinar] MSHA and OSHA Jurisdiction: When, How, and Why to Challenge Your Regulator

On Tuesday, September 14, 2021 at 1 p.m. ET, join Nick Scala for a webinar regarding MSHA and OSHA Jurisdiction: When, How, and Why to Challenge Your Regulator.

CaptureThe line of demarcation between MSHA and OSHA jurisdiction is clear-cut and it is easy to determine which regulator has authority over your operations, right? While that is sometimes the case, where the MSHA/OSHA Interagency Agreement specifically outlines which agency has authority of which operation, there are most definitely gray areas. Whether looking at where the mining process ends and manufacturing beings, or what is the exact definition of mineral milling and how is it applied, there are frequently questions and concerns regarding MSHA/OSHA jurisdiction. However, frequently employers just accept the status quo or agency determination without question. This presentation will help employers ask the right questions regarding MSHA/OSHA jurisdiction at their facilities and determine whether or not challenging the agency in control is merited and worthwhile.

Participants in this webinar will learn the following:

Continue reading

Attorney Spotlight – Meet Eric Conn!

Eric J. Conn is a founding partner of Conn Maciel Carey and Chair of the firm’s national OSHA • Workplace Safety Practice Group. For more than twenty years now, Eric’s practice has focused exclusively on issues involving occupational safety and health law.

Before launching his own OSHA Practice, Eric practiced for more than a decade alongside the former first General Counsel of the OSH Review Commission. Eric then became Head of an OSHA practice at a large employment law firm that was honored as the “Occupational Health & Safety Law Firm of the Year” by Corporate INTL Magazine in 2014.

Mr. Conn is a popular speaker on OSHA topics, including as the director of Conn Maciel Carey’s annual OSHA Webinar Series, and he regularly keynotes trade group and industry conferences.  He is also the curator of the firm’s award-winning OSHA Blog, the OSHA Defense Report, and he is often quoted as a leader in the field in trade publications.

Eric and his team of OSHA-specialist attorneys develop safety and health regulatory strategies for employers across all industries with a particular emphasis on:

  • Advising and representing employers through inspections, investigations and enforcement actions involving OSHA and other safety-related agencies
  • Managing the full range of litigation against OSHA
  • Representing employers during U.S. DOJ investigations and prosecutions of alleged OSH Act criminal violations
  • Developing and auditing safety programs and policies
  • Providing workplace safety training and compliance counseling for employers

Get to Know Eric!

Where is your favorite vacation spot?   Continue reading

[Webinar] COVID-19 and MSHA: Best Practices and Compliance Strategies for Mine Operators

On Thursday, March 18th at 1:00 p.m. ET, join Nicholas W. Scala for a webinar regarding COVID-19 and MSHA: Best Practices and Compliance Strategies for Mine Operators.

CaptureCOVID-19 is, has been, and will continue to be part of every workplace in the nation for the foreseeable future. To this point during the pandemic, MSHA has largely taken a back seat in providing guidance to the nation’s mine operators regarding COVID or attempting to enforce new or existing regulations with respect to COVID-19 in mine. The onus was passed onto mine operators to establish and implement best practices for the workforce. Now, as we enter the Biden Administration, mine operators will still shoulder the responsibility for ensuring workplace safety considerations are put into effect for COVID-19, but also, it is likely that MSHA may take a more active roll. This webinar will review lessons learned and best practices for mine operators regarding COVID-19 in the workplace, while also looking to any new or existing regulatory compliance obligation facing mine operators.

Participants in this webinar will learn the following: Continue reading