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
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
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
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
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
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
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
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
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
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
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
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
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
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
As previously reported in EmployNews, the federal Occupational Safety and Health Administration has to date declined to adopt mandatory regulations governing COVID-19 prevention efforts by employers. Last week, Virginia...more
As COVID-19 cases continue to rise in many parts of the U.S., a growing number of states and municipalities have implemented orders requiring the use of masks in public. Last week, the federal Occupational Safety and Health...more
Over the past week, the Equal Employment Opportunity Commission has added to its ongoing COVID-19 technical guidance document, answering a number of questions relating to employee return-to-work plans. Most importantly, the...more
As businesses reopen following the lifting of COVID-19 lockdowns, employers are implementing a range of measures intended to minimize the risk of workplace spread of the virus, including cleaning, social distancing, and...more
In recent weeks, we have had a number of questions from employers about employees who have advised the company that they are awaiting results of COVID-19 tests, and they ask whether they should report to work. The response to...more
Many employers have received employee concerns about potential exposure to the coronavirus in the workplace. Employees may express their general reluctance to return to the workplace or may ask why an employer is not...more
Last Friday, the Occupational Safety and Health Administration issued the latest in a series of technical guidance documents for restaurants. The guidance provides advice for minimizing the potential for COVID-19 infections...more
As employers begin formulating return-to-work plans, one step under consideration is workplace testing of employees for COVID-19. While such tests are not widely available yet, these plans have raised questions regarding...more
This week, the federal Occupational Safety and Health Administration began issuing a series of safety alerts aimed at specific industries and their workers’ potential exposure to COVID-19. The first alerts cover the retail,...more
4/28/2020
/ Construction Industry ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Delivery Drivers ,
Essential Workers ,
Manufacturers ,
Operators of Essential Services ,
OSHA ,
Retailers ,
Safety Standards ,
Workplace Safety
Last Friday, the Occupational Safety and Health Administration issued interim guidance advising employers under which circumstances they must consider employee COVID-19 diagnoses as recordable workplace illnesses. In general,...more
When cited for violation of OSHA safety rules, employers can assert an “unpreventable employee misconduct” defense. This defense claims that the employee knew that he or she should safely engage in the work activity, yet...more