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Canadian Union Challenges to Mandatory Proof of COVID-19 Vaccination Policies

Today we have insights from Norm Keith , a management-side employment and labor lawyer for KPMG. The COVID-19 pandemic continues with over 5.1 million deaths worldwide and over 29,000 in Canada. Tens of thousands of...more

Florida Law Prohibits Vaccination Mandate Without Five Specific Individual Exemptions

On November 18, 2021 Florida Governor Ron DeSantis signed legislation banning private employers, regardless of size, from mandating COVID-19 vaccinations unless several exemptions are offered to employees. Effective...more

Court Affirms Stay of OSHA Vaccinate-or-Test Emergency Temporary Standard

In a very strongly worded 22-page opinion, the U.S. Court of Appeals for the Fifth Circuit reaffirmed its earlier stay of OSHA’s COVID-19 Emergency Temporary Standard (ETS) calling for employee vaccination or weekly testing...more

California Employers Can Let Cal/OSHA Know Federal OSHA COVID-19 ETS Potential Workplace Impacts

The California Division of Occupational Safety and Health (Cal/OSHA) maintains an occupational safety and health plan that is approved and monitored by the federal Occupational Safety and Health Administration (federal OSHA)....more

5th Circuit Continues Stay of OSHA ETS – What Do Employers Do Now?

As we reported a day after the November 5, 2021, effective date of OSHA’s ETS, the Fifth Circuit issued a temporary stay of the ETS pending further proceedings. On November 12, 2021, a three-judge panel of the Fifth Circuit...more

OSHA Publishes General Industry Emergency Temporary Standard

OSHA’s long-awaited general industry COVID-19 emergency temporary standard (“ETS”) was officially published today and became effective immediately for employers in those states without “state OSHA” plans. However, employers...more

OSHA Publishes Its Advance Notice of Proposed Rulemaking for Heat Stress

On October 27, 2021, OSHA published an Advance Notice of Proposed Rulemaking (“ANPRM”) to initiate a comment period to gather diverse perspectives and expertise on heat stress issues such as heat stress thresholds, heat...more

More Than 100 Employees? Mandatory Vaccinations Or Weekly Testing Soon To Be Required Under OSHA’s Forthcoming Emergency Temporary...

On September 9, 2021, the Department of Labor announced plans to issue an emergency temporary standard (“ETS”) requiring employers with more than 100 employees to ensure that every employee is fully vaccinated against...more

NYS DOL Publishes Model Airborne Infectious Disease Exposure Prevention Plan Under HERO

On July 6, 2021, the Department of Labor for the state of New York published its model Airborne Infectious Disease Exposure Prevention Plan (the Model Plan) under the New York Health and Essential Rights Act (HERO), which was...more

NYS DOL Publishes Model Airborne Infectious Disease Exposure Prevention Plan Under HERO

On July 6, 2021, NYS DOL published its Airborne Infectious Disease Exposure Prevention Plan under the New York Health and Essential Rights Act (“HERO”), signed into law on May 5, 2021, Governor Cuomo. In addition to the...more

OSHA Issues Enforcement Guidance For Electronic Recordkeeping Rule And Promises Aggressive Enforcement

As discussed in a previous blog, covered employers were required to electronically submit 300A data for the calendar year 2020 between January 2, 2021, through March 2, 2021. In a recent standard interpretation dated May 6,...more

To Mask Or Unmask; That Is The Question

Every business in the United States has been asking itself these past few days whether to drop any requirements it may have for visitors or employees to wear face masks since the CDC changed its COVID-19 guidance related to...more

Need an Infectious Disease Prevention Plan? In New York, You Soon Will under the HERO Act

On May 5, 2021, Governor Cuomo of New York signed the New York Health and Essential Rights Act (HERO Act) into law. The HERO Act creates occupational safety and health standards in the private sector for all airborne...more

An Infectious Disease Prevention Plan And Workplace Safety Committee: Two New Significant Requirements Under New York’s HERO Act

On May 5, 2021, Governor Cuomo of New York signed the New York Health and Essential Rights Act (the “Act”) into law which amends the New York Labor Law. The Act creates occupational safety and health standards in the private...more

OSHA’s COVID-19 ETS Expected Soon – Too Little, Too Late?

On April 26, OSHA sent its COVID-19 emergency temporary standard (ETS) to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) for review. OIRA is the regulatory “gatekeeper” that is...more

OSHA Adds a New Consideration for Employers Related to Adverse Reactions to Vaccines

It is probably safe to say that as more businesses continue to reopen without restrictions and there is increased availability to vaccine supplies, many employers are considering whether they want to implement a mandatory...more

Adverse Vaccine Reaction: An OSHA Recordable Event Or Not?

As more businesses reopen without restrictions and increased availability of vaccine supplies, many employers contemplate a mandatory vaccine policy. The decision turns on individualized facts to each organization, such as...more

Employers are being Cited by OSHA for Failing to Comply with the Respiratory Protection Standard and Not just Healthcare Industry...

Both federal and state OSHA regulators have been regularly citing employers for failure to comply with their respective respiratory protection standards in connection with COVID-19 inspections and these citations have not...more

OSHA Clarifies No Need For “Double” Reporting Of Related Injuries/Illnesses

Under OSHA’s Recording and Reporting Occupational Injuries and Illnesses regulation, employers are required to affirmatively notify OSHA when an employee suffers a work-related hospitalization, amputation, or loss of an eye...more

Odds Increase On OSHA Issuing COVID-19 Emergency Temporary Standards

Shortly after President Biden took office, he signed an Executive Order directing OSHA to, among other things, determine whether emergency temporary standards (ETS) on COVID-19 are necessary; and if so, to issue them by March...more

OSHA’s Return To Public Shaming

Prior to the Trump administration, OSHA commonly engaged in the practice of “public shaming.” In other words, if an OSHA investigation found a relatively serious safety violation, it would issue a press release identifying...more

Employment Law Now V-89- New OSHA Guidance on Covid-19 [Audio]

In today's episode, Mike Schmidt is joined by his colleague and the Chair of Cozen O'Connor's OSHA Practice Group, John Ho, to talk about the new guidance (finally?) issued by OSHA on the Covid-19 pandemic. What did the...more

What You Need To Know About OSHA’S Updated COVID-19 Guidance

On January 29, 2021, OSHA issued revised COVID-19 updated guidance for employers following an executive order issued by President Biden directing the agency to do so. The guidance contains many suggestions that employers are...more

OSHA Issues Revised COVID-19 Guidance: What It Means And What’s Next

Almost immediately after taking office, President Biden issued an Executive Order requiring OSHA to publish revised COVID-19 guidance for employers, among other things. The revised guidance contains many suggestions that...more

OSHA: Recordkeeping Reminder, Higher Penalties And 2021 Predictions

Happy New Year! A New Year means increased maximum penalties for OSHA citations. As of January 16, 2021, the maximum penalties for serious, other-than-serious and posting requirements is now $13,653 per violation; $13,653 per...more

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