December 20, 2021On Friday, December 17, the 6th Circuit Court of Appeals reinstated OSHA’s vaccine mandate for private employers with at least 100 employees. On Saturday, OSHA announced that it will proceed forward with enforcement under modified timelines.
December 01, 2021On Tuesday, November 30, the Western District for Louisiana issued a preliminary injunction against the COVID-19 vaccine mandate issued by the Centers for Medicare and Medicaid (CMS). South Carolina joined in this lawsuit with thirteen other states (Louisiana, Montana, Arizona, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky and Ohio). The Louisiana Court’s injunction prevents CMS from enforcing its vaccine mandate for healthcare workers until the court can hear legal challenges to the CMS mandate.
November 16, 2021As of today, OSHA announced that it “has suspended activities related to the implementation and enforcement of the ETS [Emergency Temporary Standard] pending future developments in the litigation.” A link to the announcement can be found here. The announcement came in response to the decision from the 5th Circuit Court of Appeals ordering OSHA to essentially stand down for the time being.
November 05, 2021On November 4, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an emergency regulation requiring COVID-19 vaccination of eligible staff at health care facilities that participate in the CMS reimbursement programs. This regulation applies to the following facilities that accept Medicare and/or Medicaid:
September 16, 2021Many employers were left with more questions than answers after President Biden discussed the private employer requirement of his COVID-19 Action Plan, the “Path out of the Pandemic Plan,” on September 9, 2021. Chris Gantt-Sorenson and Perry MacLennan were guests on this week’s Survive HR Podcast to discuss the President’s COVID-19 Action Plan and answer these pressing questions. Chris and Perry discussed the Plan, its impact on employers, what employers should expect, and the Plan's legality as it pertains to private employers.
September 10, 2021On September 9, 2021, President Biden announced a new COVID-19 Action Plan. The Plan states the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a rule (also known as temporary standard or regulation) requiring all employers with 100 or more employees to mandate vaccinations. For any workers not vaccinated, they must produce a negative test result at least weekly before coming to work.
June 11, 2021On June 10, 2021, OSHA issued an Emergency Temporary Standard (ETS) applicable to employers of employees who perform healthcare services and support, and revised guidance for all other employers. OSHA expressly acknowledges that the CDC no longer requires most employers to continue taking steps to protect their vaccinated workers but states employers must continue to take steps to protect unvaccinated or otherwise at-risk workers.
April 29, 2021On Wednesday, April 28, 2021, Governor McMaster signed into law the COVID-19 Liability Safe Harbor Act. South Carolina became the 23rd state to pass similar legislation and many others are considering it. We have previously discussed on our webinars the importance of this bill and this is welcome news for South Carolina businesses.
April 23, 2021Employers considering mandating COVID-19 vaccinations for their employee population may decide the practical issues giving rise to such a mandate would not be worth it, at least at this time. Many reasons justify a mandatory vaccination policy, such as a vulnerable client population, protecting other employees, and, frankly, removing the need for quarantining during a possible COVID-19 exposure or addressing other staffing issues that all employers have been experiencing since the onset of the pandemic. While an employer is legally permitted in certain circumstances to require its employees to have a COVID-19 vaccination, should the employer do so?