Archives: COVID-19

Subscribe to COVID-19 RSS Feed

Continued Uptick in OSHA Requests for Information to Nursing Homes

Long-term care facilities have been hit hard by COVID-19. As we approach the one-year anniversary of this national emergency, many facilities have grown accustomed to the additional reporting and scrutiny. However, this climate has also made it easier for OSHA to target long-term care facilities. One of OSHA’s common tactics is using public records (e.g., … Continue Reading

Cal OSHA Offers Additional Guidance for Its COVID-19 Emergency Temporary Standards: Testing Sites and Scope of Coverage

It has been three months since California approved the Division of Occupational Safety and Health’s (“Cal OSHA”) COVID-19 Emergency Temporary Standard (“ETS”). The rushed implementation of Cal OSHA’s ETS, which imposed new and confusing obligations on employers, left many scratching their heads and resulted in several legal challenges to the ETS. For example, some agricultural … Continue Reading

OSHA Issues New Guidance for Employers Combating COVID-19

On January 29, 2021, the Occupational Safety and Health Administration (OSHA) published “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.” The Guidance incorporates much of the existing guidance from the Centers for Disease Control and Prevention (CDC), adds to guidance OSHA previously issued, and reflects strategies and practices familiar … Continue Reading

OSHA Issues Updated COVID-19 Guidance in Compliance with President Biden’s Executive Order

As directed by President Joe Biden’s Executive Order issued on January 21, 2021 requiring the Federal Government to take swift action to protect workers from the COVID-19 pandemic, the Occupational Safety and Health Administration (“OSHA”) has released updated guidance on how to prevent exposure and the spread of COVID-19 in the workplace. The guidance entitled … Continue Reading

Virginia Passes Permanent Standard on COVID-19

The Virginia Safety and Health Codes Board enacted a Permanent Standard on COVID-19 in workplaces in a 9-4 vote on January 13, 2021. On July 15, 2020, Virginia became the first state in the nation to promulgate an Emergency Temporary Standard to address COVID-19 in workplaces. Even with vaccine deliveries on the way, Virginia has enacted … Continue Reading

What to Expect from OSHA Under the Biden Administration

President-Elect Joseph Biden has not named a nominee for Secretary of Labor yet, much less an Assistant Secretary of Labor for Occupational Safety and Health who would lead the Occupational Safety and Health Administration (OSHA). But individuals with a background in organized labor may be forerunners. He has promised to be “the most pro-union president … Continue Reading

Will Virginia’s COVID-19 Pandemic Standard Become Permanent?

On July 15, 2020, Virginia became the first state in the nation to promulgate an Emergency Temporary Standard to address COVID-19 in workplaces. Even with vaccine deliveries on the way, Virginia has proposed a Permanent Standard for consideration by the Virginia Safety and Health Codes Board (which includes author Courtney Malveaux). To read the article in its … Continue Reading

New Virginia Executive Order Expands Face Covering Requirements, Restricts Gatherings

Virginia Governor Ralph Northam has issued Executive Order Number Seventy-Two, expanding face covering requirements, reducing allowable social gatherings, and directing Virginians to remain at home after midnight. The Order also states that individuals who decline to wear a face covering due to a medical condition are not required to produce medical documentation verifying their stated condition(s) … Continue Reading

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

OSHA has issued guidance on personal protective equipment (“PPE”) and respiratory protection use in nursing home and long term care facilities (collectively “LTCFs”) to protect against COVID-19. In its recently issued guidance, OSHA sets forth additional detail about the strategies it believes LTCFs should consider when protecting employees from COVID-19.  As a preliminary reminder, although … Continue Reading

California Employers Now Have an Emergency Temporary Standard To Contend With

On November 19, 2020, California’s Department of Industrial Relations Occupational Safety & Health Standards Board (“Board”) adopted a general safety order that, in effect, creates an emergency temporary standard specific to potential workplace coronavirus (“COVID-19”) exposures (“COVID-19 Prevention Rule” or “Rule”). While not the first state to adopt an emergency temporary standard (see our earlier … Continue Reading

OSHA issues Guidance on Ventilation

As part of the agency’s ongoing efforts to address the COVID-19 pandemic in workplaces, OSHA continues to issue alerts and guidance designed to keep workers safe.  The most recent guidance issued by OSHA deals with ventilation in the workplace to help maintain a safe and healthy work environment. Under the guidance, OSHA recommends that employers … Continue Reading

Oregon OSHA Issues COVID-19 Temporary Rule

Stepping in line behind Virginia and Michigan, the Oregon Occupational Safety and Health Administration (“Oregon OSHA”) issued a Temporary Rule Addressing COVID-19 Workplace Risks (“Temporary Rule”) requiring Oregon employers to take certain actions in response to potential workplace exposures to coronavirus (“COVID-19”). Some provisions of Oregon OSHA’s temporary rule go into effect on November 16, … Continue Reading

MIOSHA Issues Temporary Emergency Rules for Managing COVID-19 in the Workplace

Following the October 2, 2020 Michigan Supreme Court decision invalidating Governor Gretchen Whitmer’s pandemic executive orders, the Michigan Occupational Safety and Health Administration (MIOSHA) issued temporary emergency rules to help control, prevent and mitigate the spread of COVID-19. Effective October 14, 2020, these rules apply to all employers currently covered by Michigan’s Occupational Health and … Continue Reading

Surgical Masks, Respirators, and More: Employers Grapple with Personal Protective Equipment Requirements Amid Constantly Evolving COVID-19 Guidance and Laws

Eight months into the coronavirus (“COVID-19”) pandemic and employers in both healthcare and non-healthcare settings are grappling with requirements for employees’ use of personal protective equipment (“PPE”) and respiratory protection. Rather than clarify the requirements, continually evolving guidance from the Centers for Disease Control and Prevention (“CDC”), Occupational Health and Safety Administration (“OSHA”), state safety … Continue Reading

Oregon OSHA Moves Forward with COVID-19 Temporary Standard

As circumstances from the coronavirus (“COVID-19”) pandemic continue to evolve, the federal Occupational Safety and Health Administration (“OSHA”) has maintained reliance on Section 5(a)(1) of the Occupational Safety and Health Act (“OSH Act”), known as the General Duty Clause, and current standards to address workplace exposures to COVID-19. Rather than engage in rulemaking, OSHA has … Continue Reading

Flip-flopping Guidance: The Saga Continues

Last week we wrote about government agencies’ tendencies to “flip-flop” on guidance related to preventing transmission and spread of coronavirus (“COVID-19”), and how this impacts employers’ ability to meet health and safety compliance obligations expectations and avoid regulatory liability. Underscoring these points, on Monday the U.S. Centers for Disease Control and Prevention (“CDC”) rolled out … Continue Reading

Virginia COVID-19 Restrictions and Workplace Standards Challenged by Manufacturers’ Association

A manufacturers’ association and several employers have filed a lawsuit to enjoin Virginia’s Emergency Temporary Standard for Infectious Disease Prevention related to COVID-19, which the Virginia Safety and Health Codes Board adopted on July 15, 2020. To read the entire article, please click here.… Continue Reading

Have You Started Your COVID-19 Training and Infectious Disease Plan In Virginia?

Virginia recently enacted its Emergency Temporary Standard for COVID-19. The standard’s requirement that employers train workers came and went on August 26, 2020. Virginia Occupational Safety and Health expects employers to complete their Infectious Disease Preparedness and Response Plans no later than September 25, 2020. To view the complete article, please click here.… Continue Reading

House Members Promoting Legislation to Compel MSHA to Issue Emergency Temporary Standard for Pandemic Safety

The Mine Safety and Health Administration (“MSHA”) has declined to issue an Emergency Temporary Standard (“ETS”) to address pandemic safety for miners. MSHA determined that issuance of an ETS was unnecessary for COVID-19 because MSHA’s existing health and safety standards allow MSHA to require mine operators to take action to abate COVID-19 health hazards in … Continue Reading

OSHA Publishes, Then Withdraws, A Broad Position on Reporting COVID-19 Hospitalizations and Fatalities

OSHA quietly updated its COVID-19 FAQs in mid-July to add guidance that took an extremely broad (and arguably unenforceable) interpretation of an employer’s responsibility to report COVID-19 hospitalizations and fatalities.  Just as quietly, over the last weekend in July, it removed the updated Reporting FAQs.   Now employers are left to speculate whether the guidance is … Continue Reading

Mine Safety and Health Administration tells Federal Court that it is Issuing Citations for COVID-19 Health and Safety Violations

As the COVID-19 pandemic continues, the battle over when or if employers should be liable for personal injuries arising from coronavirus exposure allegedly caused during employment lurks on the horizon. The United States Court of Appeals for the D.C. Circuit recently rejected a union’s request for the Court to compel the U.S. Department of Labor’s … Continue Reading

Greater Enforcement Coming? OSHA Issues Citations for Respirator Program Violations after Employees Were Hospitalized with COVID-19

In a new effort to use existing regulations to respond to the ongoing public health emergency, OSHA cited an Ohio healthcare company for alleged serious violations of OSHA’s respirator regulations. OSHA launched an investigation at three of the employer’s healthcare facilities after seven employees were hospitalized with COVID-19. Even though the employer provided the necessary … Continue Reading

The New Virginia Emergency Workplace Standard for COVID-19 Is Here

Virginia has published its highly anticipated first-in-the-nation emergency temporary standard for COVID-19 in the workplace. Employers may obtain a copy by clicking here. If you have questions or need assistance in an OSHA or VOSH matter, please reach out to a member of the Jackson Lewis Workplace Safety and Health Practice Group.… Continue Reading
LexBlog