Tag Archives: OSHA
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The COVID-19 Vaccination – Testing Mandate Is Not Completely Dead
On January 13, 2022, the Supreme Court prohibited OSHA’s enforcement of its nationwide emergency vaccination and testing standard declaring the scope of the regulation beyond OSHA’s statutory authority. On January 25, OSHA conceded the point and withdrew the standard. But even as OSHA withdrew the standard, OSHA made clear that employers are not relieved of their obligation to protect employees from the risks of ... Read More
TAGGED: COVID-19, OSHA, covid, Vaccination, Covid-19 Vaccination
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Court Blocks OSHA Rule Requiring COVID-19 Vaccinations For Workers
The Occupational Health and Safety Administration, to combat the spread of COVID-19, issued a rule mandating that all employers who have at least 100 employees require that those workers be vaccinated—affecting some 84 million workers nationwide. The rule was enacted under an “emergency temporary standard” process which avoided the typical notice-and-comment procedures for rules. States and private parties challenged the ... Read More
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Now is the Time to Prepare for OSHA’s Enforcement of the Emergency Temporary Standard on COVID-19 Vaccination and Testing
On January 7, 2022, the Supreme Court heard argument on requests to stay enforcement of OSHA’s Vaccination, Testing and Face Coverings Standard, a workplace safety standard adopted to deter the spread of COVID-19. OSHA previously announced that enforcement of the non-testing requirements would begin as soon as January 10, 2022, with enforcement of the testing requirements delayed until February 9, 2022. Unless ... Read More
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Face Coverings in the Workplace: 5 Lessons You Need to Know
As more businesses reopen and workers – many wearing face masks – return to in-person interactions with co-workers, customers and clients, here are five things that every worker should know about face masks in the workplace. What are the different types of face coverings and masks? Generally, there are three categories of face coverings and masks: cloth face coverings, surgical masks, ... Read More
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Client Alert: OSHA Changes Guidance for Reporting Cases of Coronavirus (COVID-19) in the Workplace
On May 19, the Occupational Safety and Health Administration announced changes to its previously issued guidance on reporting COVID-19 in the workplace, effectively reversing its six-week old policy which allowed a lesser standard of inquiry for employers outside the health care industry, emergency response organizations and correctional institutions. OSHA’s new guidance demands that all employers conduct investigations of all COVID-19 ... Read More
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Client Alert: OSHA Issues Guidance for Reporting Cases of Coronavirus (COVID-19) in the Workplace
Please Read: As of May 26, 2020, OSHA's revised enforcement guidance is in effect and the below information may be outdated. Please see Mr. Kelleher's detailed analysis of what has changed in the new guidance here. The Occupational Safety and Health Administration recently confirmed that COVID-19 in the workplace is a recordable illness and must be reported to the government ... Read More
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OSHA Issues General and Industry-Specific Guidance For Operating During the COVID-19 Public Health Emergency
As businesses look to adapt their workplaces to provide for safer operation during this public health emergency, the Occupational Safety and Health Administration has released industry-specific guidance to help the construction, manufacturing, package delivery, and retail industries protect their workers and customers from the spread of coronavirus (COVID-19). The guidance builds on OSHA’s previously issued 10 Steps All Workplaces Can ... Read More
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Client Alert: OSHA to Consider Employer Good Faith when Non-Compliance Results from COVID-19 (Coronavirus) or Restrictions Relating to COVID-19
On April 16, in a memorandum entitled Discretion in Enforcement when Considering an Employer's Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic, the Occupational Safety and Health Administration acknowledged that COVID-19 and the workplace restrictions imposed in response to the virus may present significant difficulties for employer compliance with OSHA standards. Accordingly, OSHA outlined when during this coronavirus ... Read More
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Client Alert: OSHA Guidance on COVID-19 in the Workplace
As businesses deemed essential continue to operate during the coronavirus outbreak and other businesses make plans to reopen when conditions allow, it is important for employers to keep in mind the Occupational Safety and Health Administration’s recently issued Guidance on Preparing Workplaces for COVID-19, available here or at www.osha.gov. The guidance is not a standard or regulation. It creates ... Read More