In 2022, health and safety agencies' focus continued to shift away from the near-constant COVID-related discussions of the past few years. COVID-19 is not in the rearview mirror, but the Biden Administration's comprehensive...more
1/10/2023
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Enforcement Actions ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Regulatory Agenda ,
Regulatory Oversight ,
SCOTUS ,
Severe Violators Enforcement Program (SVEP) ,
Workplace Safety ,
Workplace Violence
In prior alerts, we detailed the scope of the interim final rule issued by the Centers for Medicare & Medicaid Services (CMS) and Emergency Temporary Standard (ETS) announced by the Occupational Safety and Health...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The saga of the Occupational Safety and Health Administration's (OSHA) Emergency Temporary Standard (ETS) continues. On Friday night, December 17, a three-judge panel of the Sixth Circuit Court of Appeals issued an Opinion...more
12/20/2021
/ Biden Administration ,
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
As anticipated in our prior alerts, there have been continuing practical and legal challenges to implementing the Path Out of the Pandemic plan. This alert provides an update on the current status of challenges to OSHA's...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Comment Period ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
Motion To Enjoin ,
Multidistrict Litigation ,
OSHA ,
Preliminary Injunctions ,
Stays ,
Tenth Amendment ,
Vaccinations ,
Workplace Safety
We have previously reported on implementation issues arising from President Biden’s Path out of the Pandemic plan, which included issuance of Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for...more
11/3/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
We have been answering a number of questions from clients regarding the nature and scope of the requirements for COVID vaccination, testing, masking and more. Our previous alert and blogs laid out the administration's Path...more
10/19/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Popular ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden announced major actions intended to combat the spread of the COVID-19 pandemic called the Path Out of the Pandemic that will have a significant impact on employers across the country. ...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Federal Contractors ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Vaccinations ,
Workplace Safety
At long last, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS), after the Office of Management and Budget concluded stakeholder meetings on Wednesday, June 9. ...more
6/15/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health ,
Workplace Safety
In response to the Centers for Disease Control and Prevention's (CDC) May 13 update of two key guidance documents that now show fully vaccinated people no longer need to wear a mask or physically distance, local and state...more
5/17/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
As mandated in President Biden's January 21 Executive Order on Protecting Worker Health and Safety, the Department of Labor (DOL) on March 12 issued the latest piece of the puzzle with a National Emphasis Program –...more
On March 1, Texas Governor Greg Abbott rescinded the state-wide executive orders requiring face coverings and creating business operational restrictions. Effective March 10, 2021, the mask mandate will be lifted and...more
Several of the first actions signed by President Biden following his inauguration were directly aimed at worker safety. ...more
As mandated in President Biden's Executive Order on Protecting Worker Health and Safety, on January 29, OSHA issued a new guidance document, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in...more
2/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Remote Working ,
Telecommuting ,
Vaccinations ,
Workplace Safety
Arizona Executive Order -
Arizona’s Governor Doug Ducey issued an executive order laying out efforts to contain the spread of COVID-19. This executive order follows a spike in confirmed COVID-19 cases after Arizona...more
16,000 nationwide complaints to OSHA agencies since April prompt sector-specific guidance -
OSHA continues to publish new COVID-19 guidance, including issuance of a recent construction work guidance on May 26. As employee...more
On June 4, 2020, the Kansas Legislature passed the COVID-19 Response and Reopening for Business Liability Protection Act. It now goes to Governor Laura Kelly for signature....more
6/10/2020
/ Best Practices ,
Civil Liability ,
Coronavirus/COVID-19 ,
Damages ,
Fines ,
Goods or Services ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Legislative Agendas ,
Manufacturers ,
Penalties ,
Policies and Procedures ,
Public Health Emergency ,
Workplace Safety
The CDC, OSHA and other local, state and federal agencies continue to rapidly issue and modify guidance related to COVID-19. As states are in various phases of reopening, employers must continue to keep a watchful eye and...more
As the curve of COVID-19 infections begin to level off, employees recover from infections, and as government shelter-in-place and similar orders begin to expire, businesses are confronted with the complexities of returning...more
5/4/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Labor Relations ,
OSHA ,
Personal Protective Equipment ,
Popular ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Social Distancing ,
Workplace Safety
Since the COVID-19 pandemic, federal, state and local agencies have adapted their procedures to both working remotely and allowing certain flexibilities for companies if specific efforts are made. ...more
The Centers for Disease Control and Prevention (CDC) recently recommended the use of cloth face coverings in public as an “additional, voluntary public health measure” to slow the spread of COVID-19. ...more
4/15/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
On April 1, 2020 the U.S. Department of Labor (DOL) issued a temporary rule promulgating regulations on the Families First Coronavirus Response Act (FFCRA), which created two new emergency paid leave requirements in response...more
4/7/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
FDA recently issued two immediately effective guidance documents to help increase the availability of hand sanitizer to the public and health care personnel due to shortages brought about by the COVID-19 pandemic. One of the...more