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AZ Senate Bill 1403 Imposes New Workers’ Compensation Notice Requirements for Employers

As a result of Arizona Senate Bill 1403, effective September 24, 2022, the Arizona worker’s compensation statute will be amended to add section A.R.S. § 23-1061(N). The new statutory provision applies when an insurance company and/or a self-insuring employer receives a written notification of an injury from an injured employee who intends to file a […]

Supreme Court Confronts OSHA ETS

In a specially scheduled oral argument today, the U.S. Supreme Court heard two issues involving the OSHA Emergency Temporary Standard (“ETS”).  One issue pertained to the merits of the appeal and whether the OSHA ETS was valid and enforceable.  The second issue confronted by the justices was the issuance of temporary stay of the OSHA […]

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Predicting the Future of the Cal/OSHA COVID-19 Emergency Temporary Standard

With the enforcement of the Federal OSHA COVID-19 Emergency Temporary Standard (“ETS”) on hold pending consolidated review by the U.S. Court of Appeals for the Sixth Circuit after multiple legal challenges and a temporary stay by the Fifth Circuit on November 12th, many employers are asking what the future holds for the COVID-19 “Vaccine or […]

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Sixth Circuit Wins ETS Lottery and OSHA Suspends ETS-Related Activities

Yesterday, November 16, the U.S. Judicial Panel on Multidistrict Litigation (the “Panel”) held a lottery to select the federal appeals court to address the 34 petitions seeking review of the COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”). Since the ETS was published on November 5, 34 petitions had been filed in 12 different federal appeals courts […]

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OSHA Ordered to Cease Implementation of Vaccination and Testing ETS Pending Further Court Order

On Monday, November 8, 2021, Snell & Wilmer published a Legal Alert explaining that, on November 6, 2021, the Fifth Circuit Court of Appeals in New Orleans granted a stay and suspended the federal OSHA emergency temporary standards (ETS) requiring employers to mandate COVID-19 vaccinations or requiring employees to submit to regular testing. On Friday, November 12, 2021, […]

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OSHA’s Vaccination and Testing ETS Suspended

On Friday, November 5, Snell & Wilmer published a Legal Alert and blog regarding the provisions and effective dates of the federal OSHA Vaccination and Testing Emergency Temporary Standard (‘ETS”). We noted that legal actions objecting to the enactment and enforcement of the ETS were filed across many jurisdictions on Thursday, November 4 and Friday, November 5. […]

COVID-19 Vaccination and Testing ETS

Almost two months after President Biden’s announcement of his administration’s mandatory vaccination plan, yesterday, November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) published its Emergency Temporary Standard (“ETS”).  The ETS becomes enforceable today, November 5, 2021.  Essentially, it requires all employers employing 100 or more employees to draft, adopt and implement a […]

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President Biden Issues New Vaccine Mandate For All Employers With 100 Or More Employees

Frustrated with a lagging rate of vaccinations, the Biden Administration decided to get out the stick since the carrot has not improved the vaccination rates to the levels that it wants to see. The Department of Labor, through the Occupational Safety and Health Administration (OSHA), plans to issue an Emergency Temporary Standard (ETS) within the […]

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President Biden Focuses on Strengthening COVID-19 Workplace Compliance

Occupational Safety & Health Administration (OSHA) issues and proposed actions took center stage in the first week of the Biden Administration. The President called for greater enforcement by OSHA of more stringent worker safety standards. Central to this call is greater protection for workers regarding COVID-19 workplace exposures. To accomplish this, in part, OSHA would have […]

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Cal-OSHA Emergency COVID-19 Regulation

On Thursday, November 19, 2020, the California Occupational Safety and Health Standards Board unanimously passed an emergency Cal-OSHA regulation. The final draft was sent to the Office of Administrative Law (“OAL”) on November 20, 2020. OAL will have 10 days to review and approve the regulation. Thereafter, stakeholders will have five days to submit comments. Thus, […]

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