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To Understand Enforcement of the New OSHA ETS, We Need to Understand Whistleblowing

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...more

[Webinar] Navigating the Election Impact: What Employers Should Expect and How to Plan for the New Administration - December 17th,...

In this program, a panel of Vinson & Elkins’ Labor & Employment attorneys discuss potential changes to workplace laws that employers may expect to see under the Biden administration, including requirements related to labor,...more

OSHA COVID-19 Reporting Guidelines Require Reporting Of COVID-19 Fatalities (But Rarely Hospitalizations)

We have discussed how employers are obligated to record COVID-19 cases that they have determined are work-related and are confirmed COVID-19 cases, but what happens when an employee who has contracted COVID-19 has to go to a...more

It's Hard To Be Positive: When Is A “Confirmed Case” Confirmed Under OSHA’s COVID-19 Reporting Standards?

As employers re-open workplaces, the use of rapid COVID-19 testing has proliferated. But if an employer learns of a positive result, is it required to report that result on its workplace injury logs? The answer isn’t so...more

Did Virginia Just Start A Workplace Safety Trend That Will Spread To 21 Other States?

Virginia, as one of 22 states with a federally approved Occupational Safety and Health Administration (“OSHA”) state plan (a workplace safety and health program operated by the individual state which is approved and monitored...more

EEOC Leans On CDC To Reject Antibody Testing In Employer Return-To-Work Programs

In its COVID-19 Q&A guidance, the EEOC has concluded that, while an employer may require reliable virus testing as part of its workplace screening procedures, COVID-19 antibody tests are not similarly permissible, at least...more

Coronavirus Health & Safety Guidance: OSHA Gives New Direction To Employers

This week, OSHA released new guidance for employers, giving recommendations on how to reduce worker exposure to coronavirus in the face of the COVID-19 situation – a situation that the World Health Organization has now...more

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