On July 12, 2022, the US Equal Employment Opportunity Commission (EEOC) revised its guidance on compliance with disability discrimination law during the COVID-19 pandemic. While previous guidance, initially published on...more
On March 22, 2022, the US Occupational Safety and Health Administration (OSHA) announced a limited reopening of the rulemaking record for the COVID-19 emergency temporary standard for the healthcare industry, originally...more
3/24/2022
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Healthcare ,
Healthcare Facilities ,
Healthcare Workers ,
OSHA ,
Public Comment ,
Public Hearing ,
Recordkeeping Requirements ,
State and Local Government ,
Workplace Safety
Between March 9, 2022, and June 9, 2022, the US Occupational Safety and Health Administration (OSHA) will “expand its presence” in hospitals and skilled nursing facilities that treat COVID-19 patients and that were previously...more
3/11/2022
/ Compliance ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Enforcement ,
Healthcare Facilities ,
Hospitals ,
Inspections ,
OSHA ,
Patients ,
Skilled Nursing Facility ,
Workplace Safety
Employers are amending their vaccine policies in the wake of US Supreme Court opinions. Michelle Strowhiro, Sandra DiVarco and Abigail Kagan discuss the three vaccine rules at play - OSHA Emergency Temporary Standard (ETS),...more
On January 25, 2022, the US Occupational Safety and Health Administration (OSHA) announced that it would withdraw its controversial “vax-or-test” Emergency Temporary Standard (ETS), which required large employers to impose...more
On January 13, 2022, the Supreme Court of the United States released two emergency opinions that change the landscape of the three federal vaccine rules. In summary:
A 5-4 Court majority let the Centers for Medicare &...more
The courts continue to move the vaccine mandate goalposts on employers as dozens of legal challenges work their way through the courts. The latest developments are major game changers for employers. As of the publishing of...more
On November 4, 2021, the US Occupational Safety and Health Administration (OSHA) unveiled its Emergency Temporary Standard (ETS) to protect employees of large employers in all industries from COVID-19. The Centers for...more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Final Rules ,
Health Care Providers ,
Healthcare Workers ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On October 28, 2021, several details were released regarding the US Occupational Safety and Health Administration’s (OSHA) highly anticipated emergency temporary standard (ETS), also known as the “vax-or-test rule.” The ETS,...more
On September 9, 2021, US President Joe Biden announced a multipronged plan to increase the number of Americans who are vaccinated for COVID-19. In the plan, titled “Path Out of the Pandemic: President Biden’s COVID-19 Action...more
9/27/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Branch ,
Executive Orders ,
Federal Contractors ,
Healthcare Facilities ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Virus Testing
On September 6, 2021, New York Governor Kathy Hochul designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” under the New York Health and Essential Rights...more
On August 13, 2021, the US Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance documents for employers in all industries. The new recommendations echo those published by the US Centers for...more
8/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Guidance Update ,
High Risk Covid Employees ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Reasonable Accommodation ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) has fielded complaints from both labor unions and management-side associations regarding its COVID-19 Emergency Temporary Standard (ETS), highlighting stakeholders’...more
7/15/2021
/ AFL-CIO ,
American Hospital Association ,
Appeals ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
New Guidance ,
OSHA ,
UFCW ,
Unions ,
Workplace Safety
On June 21, 2021, the US Occupational Safety and Health Administration’s (OSHA) long-anticipated Emergency Temporary Standard (ETS) for COVID-19 requirements in the healthcare industry went into effect. Most of the...more
6/23/2021
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employee Training ,
Employer Liability Issues ,
Healthcare ,
New Guidance ,
OSHA ,
Recordkeeping Requirements ,
Vaccinations ,
Workplace Safety
On April 20, 2021, the Occupational Safety and Health Administration (OSHA) released three new FAQs for employers who recommend or require employees to receive COVID-19 vaccines. OSHA is responsible for enforcing workplace...more