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OSHA's COVID-19 Rule Reminds Employers About New ‘Mini-Respirator' Compliance Program

Buried in the new Occupational Safety and Health Administration COVID-19 emergency temporary standard (ETS) is a reminder to employers about new alternative requirements for use of respirators to help control workplace...more

Federal Government Moves to Revoke South Carolina's Enforcement Authority for Occupational Safety and Health

Under the federal Occupational Safety and Health Act, states may elect to enforce their own health and safety programs in lieu of federal OSHA exercising enforcement authority. A number of states such as North Carolina and...more

State Efforts to Require or Ban Vaccine Mandates Raise Conflicting Legal Issues

With OSHA’s Emergency Temporary Standard requiring COVID-19 vaccinations for employers with 100 or more employees to be released shortly, a number of states have begun efforts to counter such mandates, or place additional...more

White House Issues Mandatory Vaccination Guidance for Federal Contractors

The Safer Federal Workforce Task Force has issued a guidance document intended to help implement President Joe Biden’s executive order requiring COVID-19 vaccinations and other measures for all federal workers and U.S....more

OSHA Announces Heat Hazard Initiative

Last week, the federal Occupational Safety and Health Administration announced enhanced and expanded efforts to address heat-related illnesses in the workplace. The new initiative was prompted by excessive heat this summer in...more

OSHA Releases Initial Information on COVID-19 Vaccination Mandate for Many Private Employers

A few days following President Joe Biden’s announcement of the COVID-19 vaccination or testing mandate for employers with 100 or more employees, the federal Occupational Safety and Health Administration held a webinar to...more

Do Punitive Measures Taken Against Unvaccinated Employees Raise Legal Issues?

In recent months, we have reported extensively on the various carrot-and-stick approaches taken by employers to try to incentivize employees to get the COVID-19 vaccine. In recent weeks, we have seen employers frustrated over...more

How Mandatory COVID-19 Vaccination Policies Can Affect Vendor Staffing Plans

We received notice last week from a health care client that, as of October, any employee of a vendor that enters their work premises must provide proof of vaccination from the coronavirus. For our firm, this means that...more

OSHA Updates Guidance for Employers on COVID-19 Control Measures

Last Friday, the federal Occupational Safety and Health Administration issued updated guidance for employers on best practices for avoiding workplace spread of the COVID-19 virus. It incorporates revised CDC guidelines...more

OSHA Notes Increase in Criminal Prosecutions

Last month, a Colorado business owner was sentenced to 10 months in prison following the death of one of his workers in a trenching accident. The deceased employee had not been trained in appropriate trenching techniques, and...more

Correction: South Carolina OSHA Says Federal COVID-19 Emergency Standard Is Not in Effect

A week ago, we published an alert explaining the South Carolina Department of Labor, Licensing and Regulation’s issuance of a press release announcing that the state has decided to issue a general infectious disease standard...more

South Carolina OSHA Announces Intent to Develop General Infectious Disease Standard

On Tuesday, the South Carolina Department of Labor, Licensing and Regulation announced its intent to develop a general OSHA standard intended to address workplace hazards from all infectious diseases in the workplace. The...more

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

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