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Alameda County, California Reinstates Mask Mandates

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

Cal/OSHA Issues Updated FAQs

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

Cal/OSHA Approves Third Revised ETS and Clarifies Position on Some Lingering Questions

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

Cal/OSHA Publishes a Draft Readoption ETS that Eliminates Vaccination Status Distinctions and Relaxes Testing Methods, Yet Muddies...

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

OSHA Issues Proposed Rule on Improved Tracking of Workplace Injuries and Illnesses

Under current OSHA regulations, establishments with 250 or more employees in industries that are required to keep their OSHA injury and illness records must submit information from the Form 300A Injury and Illness Log...more

OSHA Announces Highly Focused Healthcare Facility Inspection Plan

The Occupational Safety and Health Administration (OSHA) recently announced in a memorandum it will proceed with a highly focused, short-term initiative directed at general medical and surgical hospitals, psychiatric and...more

California Employers Can Make Reasoned Choices as State Reduces Formal Workplace Masking Requirements

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

Drop the Mask: NY No Longer Requires Proof of Vaccination or Masks for Most Businesses, but Employers’ Obligations May Not End...

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

Supreme Court Stays OSHA “Vaccinate or Test” Emergency Temporary Standard

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

U.S. Supreme Court to Hear Oral Argument on OSHA ETS, Medicare/Medicaid Vaccination Mandates on Friday, January 7, 2022

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

A Blizzard of Activity from Minnesota OSHA in the New Year

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

CDC Shortens Quarantine and Isolation Periods for Certain Individuals

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

Friday Night Fights – What Just Happened to the OSHA and Federal Contractor Vaccine Mandates?

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

Cal/OSHA Approves 2nd Readoption of ETS and Governor Issues Order Potentially Further Extending COVID Restrictions

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

California Issues Universal Masking Order Covering All “Indoor Public Settings”

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

Understanding the Current Status of Multiple ETSs – Both Federal and California

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

Fifth Circuit Enjoins OSHA from Enforcing Mandatory Vaccination or Test Emergency Regulations

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

Federal OSHA Issues Long-Awaited “Vaccine or Test” Emergency Regulations

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

Two New California Laws Make Significant Changes to Employer Safety and Health Obligations

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

Cal/OSHA Issues Initial Draft Language for Proposed Permanent COVID-19 Regulations

On September 17, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) released for discussion initial draft text for proposed permanent COVID-19 regulations, which if adopted would be subject to renewal...more

OSHA Announces Increased Focus on Heat-Related Hazards

In recent weeks, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has signaled efforts to increase its scrutiny of work activities that may expose workers to heat-related hazards. ...more

President Biden’s COVID-19 Action Plan—What Employers Want to Know

On September 9, 2021, President Biden released his COVID-19 Action Plan, Path Out of the Pandemic (the “Plan”).  The Plan mandates vaccination against COVID-19 for employees working for employers that have 100 or more...more

OSHA Publishes Updated COVID-19 Guidance in Light of Rising Delta Variant Cases

On August 13, 2021, OSHA issued updated guidance to better align with the Centers for Disease Control and Prevention’s July 27, 2021 recommendations, given the rising cases of the COVID-19 Delta variant.  The guidance’s...more

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