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OSHA Releases COVID-19 Plan Template and Flowchart for ETS Coverage

The federal Occupational Safety and Health Administration’s emergency temporary safety standard (ETS) for healthcare employers took effect July 6. Affected employers have 30 days to come into compliance with the new rule....more

North Carolina Evaluating Its Response to Federal OSHA's Emergency COVID-19 Rules

The federal Occupational Safety and Health Administration’s COVID-19 emergency temporary standard for the health care industry takes effect July 6. However, states that enforce their own OSHA programs have different...more

Revised OSHA COVID-19 Guidance Focuses on Unvaccinated Workers

In addition to its new COVID-19 emergency temporary standard for health care employers, the Occupational Safety and Health Administration released a companion revision to its general guidance on mitigating and preventing the...more

OSHA Issues Emergency COVID-19 Rules for Healthcare Employers

Yesterday, the federal Occupational Safety and Health Administration issued an emergency temporary standard (ETS) requiring COVID-19 exposure control practices for the healthcare industry. OSHA originally considered a broader...more

OSHA Will Not Require Recording of Adverse Vaccine Reactions

Earlier this week, the federal Occupational Safety and Health Administration issued an update to its COVID-19 frequently asked questions to clarify that, at least for now, employers will not be required to record adverse...more

OSHA-Targeted COVID-19 Inspections Could Impact Health Care and Hospitality Industries

The federal Occupational Safety and Health Administration appears to be losing interest in issuing temporary emergency regulations related to COVID-19 safety practices. Changing science and diminishing infection rates due to...more

‘I'm Vaccinated. Can I Take My Mask Off Now?'

As more Americans receive COVID-19 vaccinations, a number of our clients have asked whether employees who provide proof of such vaccination can be excused from workplace COVID-19 control measures such as mask wearing....more

OSHA Announces New Enforcement Efforts Tied to COVID-19 Risks

On March 12, the federal Occupational Safety and Health Administration announced a COVID-19 National Emphasis Program focusing enforcement efforts on employers with high frequencies of close employee contact with other...more

Inspector General Issues Report Knocking OSHA COVID-19 Enforcement Efforts

Last week, the U.S. Department of Labor’s Office of Inspector General issued a report criticizing the federal Occupational Safety and Health Administration’s response to the COVID-19 pandemic. The report was prompted by...more

OSHA Signals Intent to Prioritize General Infectious Disease Safety Standard

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

OSHA COVID-19 Standard May Require Significant HVAC Changes

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

How Will OSHA COVID-19 Safety Standard Treat Shifting CDC Guidelines?

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

OSHA Proposes Amendments to Hazard Communication Standard

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

Could Mandatory COVID-19 Vaccination Policy Violate OSHA Retaliation Rules?

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

OSHA Says Employees Should Continue Observing COVID-19 Protocols Post-Vaccination

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

President Biden Instructs OSHA to Increase COVID-19 Protections for Workers

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

OSHA Announces Changes to Inspection Program Targeting Workplaces With High Injury and Illness Rates

On December 16, the federal Occupational Safety and Health Administration announced changes to its special emphasis inspection program that directs enforcement resources towards employers with the highest rates of workplace...more

Fourth Circuit Says Inability to Wear Protective Equipment Made Employee Unqualified for Position

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

OSHA Issues COVID-19 Guidance for Long-Term Care Facilities

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

Eleventh Circuit Says General Contractor Was Responsible for Subcontractor's Safety Practices

Under the Occupational Safety and Health Administration’s multiemployer worksite doctrine, a company can be cited for safety violations that it did not create and for hazards to which its own employees were never exposed. The...more

U.S. Labor Department Stops Issuing Press Releases on Employer Citations

During the Obama administration, the U.S. Department of Labor began regularly issuing press releases when an employer received a major Occupational Safety and Health Administration citation or overtime assessment. The press...more

OSHA Releases COVID-19 Citation Statistics and Guidance for Respirator Fitting

Last Friday, the federal Occupational Safety and Health Administration released statistics on citations issued to employers for COVID-19 safety violations. OSHA has not issued a COVID-19 safety standard, and the citations...more

OSHA Reclassifies Citation Based on Employer's Good Faith Efforts to Address the Hazard

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

Employee Complaints to OSHA Over COVID-19 Practices Rise

In recent weeks, we have seen a marked increase in employers receiving notice of complaints to state and federal occupational safety and health agencies from workers regarding COVID-19 infection control procedures. Many of...more

Virginia Becomes First State to Adopt COVID-19 Workplace Safety Rules

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

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