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Report From Day 1 of The 2022 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA...more

CDC Amends Isolation and Quarantine Requirements for COVID-19 Amid Spread of Omicron Variant.

Seyfarth Synopsis: The CDC’s shorter isolation and quarantine requirements will allow employers to get many COVID-19 positive employees and exposed, unvaccinated employees back to work 5 days sooner. ...more

FDA Grants Full Approval to the Pfizer Vaccine

Seyfarth Synopsis: Today the FDA approved Comirnaty (COVID-19 Vaccine, mRNA), previously known as Pfizer-BioNTech COVID-19 Vaccine, to prevent COVID-19 disease in individuals 16 and older. This could be big news for those on...more

OSHA Issues Updated Protecting Workers Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Seyfarth Synopsis: Today OSHA updated its Protecting Workers Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace to adopt recommendations “analogous” to the July 27, 2021 Centers for Disease Control...more

OSHA Gives Health Care Employers Green Light to Continue Permitting Facemask Exemptions, Despite New CDC Guidance

Seyfarth Synopsis: In light of rising cases of COVID-19, the CDC has recently reversed its prior facemask guidance, and has now required that both vaccinated and unvaccinated individuals wear masks indoors in areas where...more

President Biden to Require Federal Workers, Contractors to Provide Vaccine Attestation or Mask, Distance, and Test Multiple Times...

Seyfarth Synopsis: President Biden recently laid out his administration’s next steps in efforts to get more Americans vaccinated. On July 29, 2021, the White House released “Remarks by President Biden Laying Out the Next...more

Time to Mask Up Again? CDC Revises Mask Guidance for Vaccinated Individuals

Seyfarth Synopsis: On July 27, 2021, the CDC revised its mask guidance in response to the burgeoning threat of the COVID-19 Delta variant, recommending that all individuals — including those who are vaccinated — wear masks...more

OSHA’s Emergency Temporary Standard Published on June 21, 2021

Seyfarth Synopsis: On June 21, 2021, the federal register published OSHA’s COVID-19 emergency temporary standard (“ETS”), focused on the health care industry....more

OSHA’s Emergency Temporary Standard Narrowly Focused on the Health Care Sector, Guidance Updated for Other Sectors

Seyfarth Synopsis: On June 9, 2021, at the tail end of prepared remarks before the House Education and Labor Committee, Secretary of Labor Marty Walsh announced – not with a bang, but with a whimper – that OSHA would publish...more

Board Clarifies Which “Extraordinary Circumstances” Can Give Rise to Mail Ballot Elections During the COVID-19 Pandemic

On April 1, 2020, after a temporary suspension of elections, the National Labor Relations Board announced that the processing of NLRB-conducted elections would resume again. Since about then, an unprecedented 90% of...more

Don’t Be Late — Missed Deadlines and Late Appeals of OSHA Citations During the Pandemic

Seyfarth Synopsis: The 15-day statutory deadline to contest federal OSHA citations has been the subject of recent litigation in the 5th and 11th Circuits and before the Occupational Safety and Health Review Commission. In...more

Judge Dismisses Lawsuit Seeking to Enjoin Employer to Implement Additional Safety Measures

Seyfarth Synopsis: In Rural Community Worker’s Alliance et al v. Smithfield Foods, Inc. et al., No. 5:20-cv-6063 (W.D. Mo. May 5, 2020), Western District of Missouri Judge Greg Kays granted Smithfield’s motion to dismiss...more

President Issues Executive Order To Protect Continued Operation of Nation’s Meat Processors; OSHA Adopts Enforcement Discretion

Seyfarth Synopsis: Last week, the President issued an Executive Order under the Defense Production Act of 1950 to protect the continued operation of the nation’s meat and poultry processors during the current COVID-19...more

CDC and OSHA Issue Meat and Poultry Processing Industry COVID-19 Interim Guidance

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC) have jointly released coronavirus-related interim guidance for meatpacking and meat...more

OSHA Issues COVID-19 Guidance for Retail Employers

Seyfarth Synopsis: OSHA has issued COVID-19 guidance for retail employers, including tips that can help reduce employees’ risk of exposure to the coronavirus. OSHA’s recommendations feature administrative controls, hygiene...more

Whistleblower Liability for Employee Safety Complaints During the COVID-19 Pandemic

Seyfarth Synopsis: Employees who complain about safety measures to protect employees from COVID-19 may be protected from retaliation by federal and state laws.  Employees who refuse to perform job functions may also be...more

Virginia Governor Orders Restrictions on Restaurants, Recreational Facilities, Entertainment Venues, Large Gatherings,...

On March 23, 2020, Virginia’s Governor Ralph Northam issued Executive Order No. 53, placing restrictions on restaurants, recreational facilities, entertainment venues, large gatherings, non-essential retail businesses, and ...more

CDC AND OSHA Issue Changes To PPE And Respirator Recommendations For The Care Of Patients With Known Or Suspected COVID-19

Important for healthcare workers involved in the care of patients with known or suspected COVID-19, the CDC late last week changed it’s personal protective equipment (PPE) guidance in light of N95 respirator shortages. In...more

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