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OSHA Releases COVID-19 Plan Template and Flowchart for ETS Coverage

The federal Occupational Safety and Health Administration’s emergency temporary safety standard (ETS) for healthcare employers took effect July 6. Affected employers have 30 days to come into compliance with the new rule....more

North Carolina Evaluating Its Response to Federal OSHA's Emergency COVID-19 Rules

The federal Occupational Safety and Health Administration’s COVID-19 emergency temporary standard for the health care industry takes effect July 6. However, states that enforce their own OSHA programs have different...more

Revised OSHA COVID-19 Guidance Focuses on Unvaccinated Workers

In addition to its new COVID-19 emergency temporary standard for health care employers, the Occupational Safety and Health Administration released a companion revision to its general guidance on mitigating and preventing the...more

Federal Court Rejects Lawsuit Challenging Texas Hospital's Mandatory Vaccination Policy

Last week, a federal district court judge in Texas dismissed a lawsuit filed by a group of Houston hospital workers who object to their employer’s requirement that all employees receive the COVID-19 vaccination. The...more

OSHA Issues Emergency COVID-19 Rules for Healthcare Employers

Yesterday, the federal Occupational Safety and Health Administration issued an emergency temporary standard (ETS) requiring COVID-19 exposure control practices for the healthcare industry. OSHA originally considered a broader...more

Laws Against Vaccination Passports Do Not Limit Employers' Rights

A new Florida law restricting businesses from asking customers about COVID-19 vaccination status or denying goods or services on this basis has made headlines nationwide. Similar “anti-vaccine passport” laws have been passed...more

New COVID-19 Lawsuits Allege Duty of Care to Employees' Household Members

A new wave of lawsuits is attempting to impose legal liability on companies whose alleged negligence resulted in an employee becoming infected with the COVID-19 virus and then passing the illness to a household member who...more

OSHA-Targeted COVID-19 Inspections Could Impact Health Care and Hospitality Industries

The federal Occupational Safety and Health Administration appears to be losing interest in issuing temporary emergency regulations related to COVID-19 safety practices. Changing science and diminishing infection rates due to...more

Responding to Accommodation Requests From Unvaccinated Employees

As more businesses move toward ending remote working arrangements, we have had a number of questions from clients with regard to employee requests to continue working from home for medical reasons. The employees cite a...more

‘I'm Vaccinated. Can I Take My Mask Off Now?'

As more Americans receive COVID-19 vaccinations, a number of our clients have asked whether employees who provide proof of such vaccination can be excused from workplace COVID-19 control measures such as mask wearing....more

OSHA Announces New Enforcement Efforts Tied to COVID-19 Risks

On March 12, the federal Occupational Safety and Health Administration announced a COVID-19 National Emphasis Program focusing enforcement efforts on employers with high frequencies of close employee contact with other...more

OSHA Signals Intent to Prioritize General Infectious Disease Safety Standard

With all the recent discussion over the federal Occupational Safety and Health Administration planning to issue a temporary COVID-19 safety standard, employers may not recall that the agency has had a more general infectious...more

OSHA COVID-19 Standard May Require Significant HVAC Changes

In a recent interview, the former head of the federal Occupational Safety and Health Administration indicated his belief that many employers are not taking adequate measures to address the real risks for COVID-19 in the...more

How Will OSHA COVID-19 Safety Standard Treat Shifting CDC Guidelines?

Under an executive order issued in the first days of the Biden administration, the federal Occupational Safety and Health Administration has been tasked with deciding whether a nationwide workplace COVID-19 infection...more

OSHA Proposes Amendments to Hazard Communication Standard

The federal Occupational Safety and Health Administration’s hazard communication regulations require employers to take measures to minimize employee exposure to potentially dangerous chemicals. Among other obligations, the...more

Could Mandatory COVID-19 Vaccination Policy Violate OSHA Retaliation Rules?

Some employers are considering mandating COVID-19 vaccinations as a condition of employment. While such policies are generally legal (with some religious and disability accommodations included), they could result in claims...more

CDC Says Fully Vaccinated People Can Skip Quarantine

On Wednesday, the Centers for Disease Control and Prevention modified its guidance on quarantine recommendations for fully vaccinated persons who have been potentially exposed to the COVID-19 virus. Under prior guidance,...more

OSHA Says Employees Should Continue Observing COVID-19 Protocols Post-Vaccination

In its first indication of upcoming policy changes under the new administration, last week the federal Occupational Safety and Health Administration issued updates to its COVID-19 infection prevention guidance. Among other...more

President Biden Instructs OSHA to Increase COVID-19 Protections for Workers

On his first day in office, President Joe Biden issued an executive order instructing the federal Occupational Safety and Health Administration to issue revised workplace safety guidance intended to increase protections for...more

Fourth Circuit Says Inability to Wear Protective Equipment Made Employee Unqualified for Position

A number of employers have encountered resistance to mask wearing mandates put in place in response to the COVID-19 pandemic. In some cases, employees assert that they have a medical condition that prevents them from being...more

Can Employers Be Liable for Adverse Reactions to Mandatory COVID-19 Vaccinations?

The availability of effective vaccinations for the COVID-19 virus has many employers contemplating their approach toward inoculating employees. Some employers are considering mandatory vaccination policies, while others are...more

In Light of COVID-19, How Should Employers Treat Suspected Cold and Flu Cases?

With winter quickly approaching, employers face the usual spate of employees with seasonal flu and common colds. This year, however, cold and flu season coincides with spiking COVID-19 cases nationwide....more

OSHA Issues COVID-19 Guidance for Long-Term Care Facilities

During the first U.S. surge in COVID-19 infections, nursing homes, assisted living facilities, and other long-term residential care facilities experienced an especially high degree of workplace transmission of the virus and...more

OSHA Reclassifies Citation Based on Employer's Good Faith Efforts to Address the Hazard

If found responsible for a serious violation of workplace safety standards, the federal Occupational Safety and Health Administration can assess up to $13,494 per item cited. However, when the citation involves a repeat or...more

Can Employers Require Employees to Obtain COVID-19 Vaccinations?

While there are no guarantees that a safe and effective COVID-19 vaccination will be available in the near future, the potential for such vaccine has led employers to begin thinking about how it will impact their workplaces....more

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