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The new Occupational Safety and Health Administration (“OSHA”) emergency temporary standard mandating various COVID-19 policies and procedures for employers with at least 100 employees (“ETS”) has an uncertain future in light of recent legal challenges.

The Occupational Safety and Health Administration (“OSHA”) has published its long-awaited emergency temporary standard (“ETS”) on COVID-19 vaccination, testing and face coverings, effective as of today (November 5, 2021), and applicable to employers with 100 or more employees.

The White House has announced that the requirement for covered employees at covered federal contractor workplaces to be fully vaccinated under the Safer Federal Workforce Task Force Guidance for Federal Contractors and Subcontractors (the “Contractor Guidance”) has been extended to January 4, 2022.

On November 1, 2021, the Biden administration’s Safer Federal Workforce Task Force issued new Frequently Asked Questions (“FAQs”) for federal contractors subject to Executive Order No. 14042 (“EO 14042”) on Ensuring Adequate COVID Safety Protocols for Federal Contractors.

When Texas governor Greg Abbott issued an executive order on October 11th stating that no entity in Texas could compel receipt of a COVID-19 vaccination by “any individual, including an employee or a consumer” who objects for any reason of “personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19,” he set the stage for a potential conflict with pre-existing executive orders issued by President Biden.

On October 28, 2021, the State of Florida filed a challenge to the Biden administration’s requirement that employees of federal government contractors be vaccinated by December 8, 2021.

At this point, you’re probably aware that the Biden Administration’s COVID-19 Action Plan required all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work.

Perhaps I should not have been surprised that my clients who have mandated COVID-19 vaccines have seen far more objections to their mandates based on religious grounds than on medical conditions or disabilities.

While many service, retail and factory workers returned to work several months ago, many employers with white-collar workers have been less inclined to mandate that employees return to the office.

Occupational Safety and Health Administration (“OSHA”) Region VI — which includes Texas, Oklahoma, Louisiana and Arkansas — has established a new Regional Emphasis Program targeting worker exposure to hazards associated with the cleaning of transportation tanks.

Keys. Phone. Wallet. Mask. For the past year, those have been the staple items most individuals have ensured they have on their person before leaving their home to go to work.

Employers who have been nervous about implementing or enforcing new vaccination policies should be relieved to see the updated technical guidance issued on May 28, 2021, by the Equal Employment Opportunity Commission (“EEOC”).