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To Understand Enforcement of the New OSHA ETS, We Need to Understand Whistleblowing

The new Occupational Safety and Health Administration (“OSHA”) emergency temporary standard mandating various COVID-19 policies and procedures for employers with at least 100 employees (“ETS”) has an uncertain future in light...more

It's Hard To Be Positive: When Is A “Confirmed Case” Confirmed Under OSHA’s COVID-19 Reporting Standards?

As employers re-open workplaces, the use of rapid COVID-19 testing has proliferated. But if an employer learns of a positive result, is it required to report that result on its workplace injury logs? The answer isn’t so...more

Did Virginia Just Start A Workplace Safety Trend That Will Spread To 21 Other States?

Virginia, as one of 22 states with a federally approved Occupational Safety and Health Administration (“OSHA”) state plan (a workplace safety and health program operated by the individual state which is approved and monitored...more

Is Everyone Who Had COVID-19 Now Disabled Under The ADA?

There are still many unknowns when it comes to the long-term health impacts of COVID-19 infections. Although medical studies on these impacts are ongoing, preliminary research indicates that COVID-19 infections may...more

EEOC Leans On CDC To Reject Antibody Testing In Employer Return-To-Work Programs

In its COVID-19 Q&A guidance, the EEOC has concluded that, while an employer may require reliable virus testing as part of its workplace screening procedures, COVID-19 antibody tests are not similarly permissible, at least...more

Coronavirus Health & Safety Guidance: OSHA Gives New Direction To Employers

This week, OSHA released new guidance for employers, giving recommendations on how to reduce worker exposure to coronavirus in the face of the COVID-19 situation – a situation that the World Health Organization has now...more

A Coronavirus Readiness Checklist For The Workplace

Although the risk of exposure to the Coronavirus (or “Covid-19”) within most U.S. workplaces is uncertain, employers should nonetheless evaluate their emergency preparedness plans in response to the potential threat. While we...more

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