On August 11, 2022, the Centers for Disease Control and Prevention issued a new Summary of Guidance for Minimizing the Impact of COVID-19 on Individual Persons, Communities, and Health Care Systems. Observing that increasing...more
On April 6, 2022, Cal/OSHA issued a draft COVID-19 Emergency Temporary Standard (ETS) for readoption to replace the current version, which expires on May 5, 2022. The readopted ETS would be the fourth version of the ETS,...more
On February 9, 2022, New York State Governor Kathy Hochul announced that the state is largely discontinuing the mandate that businesses require proof of vaccination or masks to enter the premises. The mandate will remain in...more
2/11/2022
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Health and Essential Rights (HERO) Act ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
New York ,
Personal Protective Equipment ,
Public Health ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On January 13, 2022, the United States Supreme Court granted emergency relief to stay implementation of the Occupational Health and Safety Administration (OSHA)’s Emergency Temporary Standard (ETS) regarding COVID-19. ...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, January 7, 2022, the U.S. Supreme Court will hear oral argument regarding two of the Biden administration’s most contentious COVID-19 workplace health and safety policies: the Occupational Safety and Health...more
1/5/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Oral Argument ,
OSHA ,
SCOTUS ,
Vaccinations ,
Workplace Safety
While the working world stepped into the new year, and as federal OSHA awaited a January 7, 2022 oral argument before the United States Supreme Court regarding its COVID-19 Vaccination and Testing Emergency Standard (ETS), on...more
On the evening of December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the federal Occupational Safety and Health Administration (OSHA) COVID-19 Emergency Temporary Standard...more
12/20/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 16, 2021, California’s Occupational Safety and Health Standards Board (the “Standards Board”) adopted its second set of proposed revisions to the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19...more
12/20/2021
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Masks ,
New Rules ,
Public Health Emergency ,
Social Distancing ,
Vaccinations ,
Workplace Safety
It has been a difficult couple of months for California employers seeking to navigate planning for possible changes to their workplace safety plans, in view of multiple new sources of potential obligations. ...more
11/22/2021
/ Biden Administration ,
Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal v State Law Application ,
Infectious Diseases ,
OSHA ,
Preemption ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, November 12, the U.S. Court of Appeals for the Fifth Circuit issued an order staying enforcement and implementation of the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 “vaccine or test”...more
11/15/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Motion To Enjoin ,
New Rules ,
Non-Delegation Doctrine ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Eight weeks after President Joseph R. Biden’s announcement, the federal Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) requiring all employers with at least 100 employees...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The federal government’s complicated multi-pronged approach to implementing COVID-19 safeguards related to federal contractors has left many confused. ...more
10/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
Earlier this month, President Biden released his COVID-19 Action Plan, Path Out of the Pandemic (Plan) with the stated goal of getting more people vaccinated....more
9/27/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Exempt-Employees ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Masks ,
Public Health Emergency ,
Regulatory Requirements ,
Social Distancing ,
Vaccinations ,
Workplace Safety
On September 17, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) released for discussion initial draft text for proposed permanent COVID-19 regulations, which if adopted would be subject to renewal...more
9/22/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Public Health Emergency ,
Regulatory Requirements ,
Risk Management ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden released his COVID-19 Action Plan, Path Out of the Pandemic (the “Plan”). The Plan mandates vaccination against COVID-19 for employees working for employers that have 100 or more...more
9/15/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Popular ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On August 13, 2021, OSHA issued updated guidance to better align with the Centers for Disease Control and Prevention’s July 27, 2021 recommendations, given the rising cases of the COVID-19 Delta variant. The guidance’s...more
8/18/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On July 26, 2021, California Governor Gavin Newsom announced that his state will require all state employees and healthcare workers to provide proof of vaccination or be subject to regular COVID-19 testing. On August 5, 2021,...more
8/12/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
Public Health Emergency ,
Reasonable Accommodation ,
State Employees ,
Vaccinations ,
Workplace Safety
As follow-up to the California Department of Public Health’s new guidance issued on July 28, 2021, seven Bay Area counties including Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Sonoma and the City of...more
8/3/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Labor Regulations ,
Local Ordinance ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On July 28, 2021, the California Department of Public Health (CDPH) issued new guidance calling for masking measures to prevent the spread of the COVID-19 Delta variant. The guidance provides information about higher-risk...more
On July 27, 2021, the Centers for Disease Control and Prevention (CDC) revised its COVID-19 guidance, recommending that even individuals who have been fully vaccinated against COVID-19 should resume wearing masks in public...more
On June 11, 2021, California’s Occupational Safety and Health Standards Board (Standards Board) released its latest set of proposed revisions to the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency...more
6/14/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
New Guidance ,
Occupational Exposure ,
Personal Protective Equipment ,
Public Health ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety