As the end of the year draws near, it is important for employers in California to remember there are multiple COVID-19 regulations and laws that will still apply to the workplace in 2023. The Division of Occupational Safety...more
12/22/2022
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
New Legislation ,
New Regulations ,
Notice Requirements ,
Paid Sick Leave ,
Reporting Requirements ,
Screening Procedures ,
Virus Testing ,
Workplace Illness and Injury Reporting ,
Workplace Outbreaks
On September 15, 2022, the California Occupational Safety and Health Standards Board (“Board”) will hold a public hearing to address its draft proposed COVID-19 Permanent Standard (“Permanent Standard”). At the hearing, the...more
On April 21, 2022, the California Division of Occupational Safety and Health (“Cal/OSHA”) Standards Board adopted the fourth iteration of its COVID-19 Emergency Temporary Standards (“ETS”). Sheppard Mullin previously wrote...more
At its upcoming April 21, 2022 meeting, the California Division of Occupational Safety and Health (“Cal/OSHA”) Standards Board will decide whether to readopt the fourth iteration of its COVID-19 Emergency Temporary Standards...more
4/11/2022
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Masks ,
Personal Protective Equipment ,
Regulatory Requirements ,
Social Distancing ,
State and Local Government ,
State Labor Laws ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On January 13, 2022, the United States Supreme Court granted emergency relief to the petitions of numerous states, businesses, and non-governmental organizations by staying the implementation and enforcement of the federal...more
1/17/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
For the second time, the standards-setting board for the California Division of Occupational Safety and Health (“Cal/OSHA”) has readopted, with revisions, the agency’s COVID-19 Prevention Emergency Temporary Standards...more
1/4/2022
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Masks ,
New Rules ,
Policies and Procedures ,
Social Distancing ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In our annual California Legislative Update, we briefly explained that SB 606 expanded the enforcement authority of the California Division of Occupational Safety and Health (“Cal/OSHA”) in various ways. With the new law’s...more
12/31/2021
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Enforcement Actions ,
New Legislation ,
Regulatory Requirements ,
Regulatory Violations ,
State and Local Government ,
State Legislatures
What Happened? I Thought This Was Gone!
On Friday, December 17, the United States Court of Appeals for the Sixth Circuit lifted the nationwide Stay that had been previously put in place by the United States Court of...more
12/23/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement ,
Masks ,
Notice Requirements ,
OSHA ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Stays ,
Time Extensions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 4, 2021, in response to President Biden’s Executive Order, the Department of Labor, through the Occupational Safety and Health Administration (“OSHA”), issued an Emergency Temporary Standard (“ETS”). You can read...more
12/22/2021
/ Compliance ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
OSHA ,
Stays ,
Time Extensions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On August 13, 2021, the U.S. Occupational Safety and Health Administration (“OSHA”) updated its “Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.” The updated guidance, which does not apply to...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
On March 12, 2021, the Occupational Safety and Health Administration (“OSHA”) launched its new COVID-19 National Emphasis Program (“NEP”). The new OSHA directive outlines policies and procedures for minimizing worker...more
3/23/2021
/ Compliance ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Inspection Rights ,
NEP ,
New Guidance ,
Occupational Exposure ,
OSHA ,
Policies and Procedures ,
Whistleblower Protection Policies ,
Workplace Safety
For much of the ongoing COVID-19 pandemic, many California employees have utilized leave entitlements through federal, state, and local paid sick leave statutes and ordinances. As of December 31, 2020, however, the federal...more
For much of the ongoing COVID-19 pandemic, many California employees have utilized leave entitlements through federal, state, and local paid sick leave statutes and ordinances. As of December 31, 2020, however, the federal...more
1/6/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Local Ordinance ,
Paid Leave ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
State and Local Government ,
Trump Administration
California retailers facing a variety of complications from the ongoing COVID-19 pandemic now have one additional obstacle to tackle: compliance with new emergency standards from California’s Division of Occupational Safety...more
12/9/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Emergency Rule ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Occupational Exposure ,
Personal Protective Equipment ,
Policies and Procedures ,
Quarantine ,
Social Distancing ,
State and Local Government ,
Virus Testing ,
Workplace Safety
On November 19, 2020, the California Occupational Safety and Health Standards Board unanimously adopted emergency temporary standards on COVID-19 prevention in the workplace. For much of the pandemic, California’s Division of...more
On September 17, 2020, Governor Newsom signed Assembly Bill (AB) 685 into law, establishing new requirements for employers to notify employees and their unions about a potential COVID-19 exposure in the workplace. The new...more
9/23/2020
/ Americans with Disabilities Act (ADA) ,
Cal-OSHA ,
CDPH ,
Confidentiality Policies ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Enforcement ,
Governor Newsom ,
Infectious Diseases ,
Notice Requirements ,
Privacy Policy ,
State and Local Government ,
State Labor Laws ,
Unions ,
Workplace Outbreaks ,
Written Notice
On September 19, 2020, California’s new law requiring large employers to provide employees with COVID-19 supplemental paid sick leave (“CSPSL”) becomes effective. The new CSPSL requirement will be codified as Labor Code...more
9/21/2020
/ Coronavirus/COVID-19 ,
DLSE ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Paid Sick Leave ,
State and Local Government ,
State Legislatures ,
Workplace Safety
On July 2, 2020, the federal Occupational Safety and Health Administration (“OSHA”) published an FAQ web page based on COVID-19 related inquiries that the agency received from the public. The FAQ page provides a central...more
On June 17, 2020, the federal Occupational Safety and Health Administration (“OSHA”) issued its “Guidance on Returning to Work.” This new guidance is intended to supplement the previous “Guidance on Preparing Workplaces for...more
6/26/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Risk Management ,
Screening Procedures ,
Workplace Safety
The COVID-19 pandemic has highlighted the central role local and long haul trucking companies and drivers play in the overall U.S. economy and specifically our public health infrastructure. Now, as states and businesses...more
As California businesses begin to reopen and return employees to physical workplaces, there are numerous safety measures for employers to consider implementing to minimize the spread of COVID-19. On May 14, 2020, California’s...more