On March 1, 2024, the Centers for Disease Control and Prevention announced that it is updating its COVID-19 guidance and is no longer recommending that individuals who test positive for COVID-19 isolate for five days. The...more
On February 3, 2023, California’s Office of Administrative Law approved Cal/OSHA’s COVID-19 Non-Emergency Regulation (NER). The NER is now the operative COVID-19 regulation for most California employers. Cal/OSHA also...more
2/7/2023
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
New Regulations ,
Occupational Exposure ,
Regulatory Requirements ,
Workplace Safety
During a meeting of the Cal/OSHA Standards Board on November 17, 2022, Cal/OSHA’s Chief Deputy for Health and Research Standards unequivocally stated that no further modifications will be made to the proposed non-emergency...more
11/22/2022
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Occupational Exposure ,
Regulatory Requirements ,
Workplace Safety
On October 13, 2022, the California Department of Public Health (CDPH) issued an order effective October 14, 2022, updating the definition of close contact under the Third Revised COVID Emergency Temporary Standard and...more
California Assembly Bill (AB) 2693, signed into law on September 29, 2022, made changes to COVID-19 notification requirements by amending California Labor Code section 6409.6 (Duties of employer when notified of potential...more
At its meeting on September 15, 2022, the Cal/OSHA Standards Board held a public hearing on a proposed non-emergency COVID-19 standard. The hearing and subsequent Board discussion during the meeting demonstrated that there...more
9/19/2022
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Public Hearing ,
Regulatory Agenda ,
Regulatory Standards ,
State OSHA Laws ,
Workplace Safety
On August 11, 2022, the Centers for Disease Control and Prevention issued a new Summary of Guidance for Minimizing the Impact of COVID-19 on Individual Persons, Communities, and Health Care Systems. Observing that increasing...more
On June 8, 2022, the California Department of Public Health (CDPH) issued an Order (June 8th Order) defining “Close Contact” and “Infectious Period” for purposes of the CDPH’s Isolation and Quarantine Guidance issued on April...more
6/17/2022
/ Cal-OSHA ,
California ,
CDPH ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Public Health Emergency ,
Workplace Safety
On June 2, 2022, the Alameda County Public Health Department announced that face coverings would once again be required in most indoor public settings, including workplaces and offices, effective Friday, June 3, 2022 (the...more
On May 7, 2022, Cal/OSHA issued updated Frequently Asked Questions (FAQs) to the third readoption of the COVID-19 Emergency Temporary Standard (3rd Revised ETS), which was approved April 21, 2022, and is now in effect. The...more
California’s Division of Occupational Safety and Health (Cal/OSHA or “the Division”) Standards Board met on April 21, 2022, and formally approved the third readoption of its COVID-19 Emergency Temporary Standard (“3rd Revised...more
On April 6, 2022, Cal/OSHA issued a draft COVID-19 Emergency Temporary Standard (ETS) for readoption to replace the current version, which expires on May 5, 2022. The readopted ETS would be the fourth version of the ETS,...more
Effective March 1, 2022, there is no longer a hard requirement under the Cal/OSHA statewide Emergency Temporary Standard (CA ETS) or any other statewide requirement for employers to require unvaccinated persons (or fully...more
3/4/2022
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Regulatory Requirements ,
Workplace Safety
On February 9, 2022, New York State Governor Kathy Hochul announced that the state is largely discontinuing the mandate that businesses require proof of vaccination or masks to enter the premises. The mandate will remain in...more
2/11/2022
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Health and Essential Rights (HERO) Act ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
New York ,
Personal Protective Equipment ,
Public Health ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On January 13, 2022, the United States Supreme Court granted emergency relief to stay implementation of the Occupational Health and Safety Administration (OSHA)’s Emergency Temporary Standard (ETS) regarding COVID-19. ...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, January 7, 2022, the U.S. Supreme Court will hear oral argument regarding two of the Biden administration’s most contentious COVID-19 workplace health and safety policies: the Occupational Safety and Health...more
1/5/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Oral Argument ,
OSHA ,
SCOTUS ,
Vaccinations ,
Workplace Safety
While the working world stepped into the new year, and as federal OSHA awaited a January 7, 2022 oral argument before the United States Supreme Court regarding its COVID-19 Vaccination and Testing Emergency Standard (ETS), on...more
On Monday, December 27, 2021, the U.S. Centers for Disease Control and Prevention issued a press release announcing it was shortening its quarantine and isolation recommendations. The CDC expects Omicron variant cases to...more
On the evening of December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the federal Occupational Safety and Health Administration (OSHA) COVID-19 Emergency Temporary Standard...more
12/20/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 16, 2021, California’s Occupational Safety and Health Standards Board (the “Standards Board”) adopted its second set of proposed revisions to the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19...more
12/20/2021
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Masks ,
New Rules ,
Public Health Emergency ,
Social Distancing ,
Vaccinations ,
Workplace Safety
On December 13, 2021, the California Department of Public Heath (CDPH) issued new guidance requiring universal statewide masking indoors, irrespective of vaccination status, between December 15, 2021 and January 15, 2022 (New...more
12/16/2021
/ California ,
CDPH ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
It has been a difficult couple of months for California employers seeking to navigate planning for possible changes to their workplace safety plans, in view of multiple new sources of potential obligations. ...more
11/22/2021
/ Biden Administration ,
Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal v State Law Application ,
Infectious Diseases ,
OSHA ,
Preemption ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, November 12, the U.S. Court of Appeals for the Fifth Circuit issued an order staying enforcement and implementation of the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 “vaccine or test”...more
11/15/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Motion To Enjoin ,
New Rules ,
Non-Delegation Doctrine ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Eight weeks after President Joseph R. Biden’s announcement, the federal Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) requiring all employers with at least 100 employees...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Among the many new California bills signed into law this session are two that amend the state’s workplace safety laws. Senate Bill (SB) 606 creates new classes of health and safety violations and dramatically increases...more
10/19/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Infectious Diseases ,
Labor Reform ,
New Legislation ,
Occupational Exposure ,
Regulatory Requirements ,
State Labor Laws ,
Workplace Safety