On Wednesday, October 21, 2020, the CDC issued new guidance expanding the definition of a “close contact” from someone who has been within 6 feet of a COVID-19 positive person for 15 minutes or more to: “Someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more … Continue Reading
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
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
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
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
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 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
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
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
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
Employers wondering whether Virginia is the new California just got their answer: California has some catching up to do. In a split vote, the Virginia Safety and Health Codes Board (which includes author Courtney Malveaux) passed a first-in-the-nation standard to address COVID-19 in workplaces. Virginia Occupational Safety and Health (VOSH), the state’s version of the … Continue Reading
Since March 2020, workers have expressed elevated concerns about their exposure to COVID-19 on construction sites. As states lift restrictions on construction work, employers should note that the Occupational Safety and Health Administration (OSHA) limits workers’ ability to refuse work. To read the full article, click here.… Continue Reading
Late last week, the Occupational Safety and Health Administration (“OSHA”) issued new guidance for employers that are reopening their businesses and returning employees to work. Intended as a supplement to the agency’s earlier Guidance on Preparing Workplaces for COVID-19, this guidance does not offer any new recommended practices or strategies for minimizing and preventing the … Continue Reading
The Occupational Safety and Health Administration (OSHA) has issued guidance for construction industry employers to prevent spread of COVID-19. In addition to measures the agency suggests for all employers, the guidance includes a variety of preventive measures at construction sites, such as: Using Environmental Protection Agency-approved cleaning chemicals from List N or that have label … Continue Reading
The Occupational Safety and Health Administration (OSHA) has published new guidance requiring employers covered by OSHA’s recordkeeping standards to determine whether employees have contracted COVID-19 while at work. In an effort “to provide certainty to employers and workers,” beginning on May 26, 2020, the agency is requiring all employers to record all COVID-19 cases that: … Continue Reading
On May 14, OSHA issued a short guidance document for the car and ride service industry to reduce risk of exposure to coronavirus for its workers. The guidance is issued to rideshare, taxi, and car service workers, although many such drivers are independent contractors and not covered under OSHA’s jurisdiction. Even for workers who are … Continue Reading
Guest Authored by Jim Verdi. On May 14, 2020, OSHA issued an “Industry-Specific Alert” for retail pharmacies that provides suggestions employers should implement to prevent the spread of COVID-19. OSHA’s Alerts do not have the force of formal regulations, so a failure to implement a specific suggestion cannot automatically serve as a basis for a … Continue Reading
Guest Authored by Melanie Paul. With the nation’s most vulnerable population residing in nursing homes and long-term care facilities, OSHA on May 14, 2020, finally issued much-needed guidance for this industry. These facilities, deemed “ground zero” by former head of the Center for Disease Control, Dr. Tom Frieden, over two months ago, have been struggling … Continue Reading
With many restaurants limited to offering food and beverage carryout and curbside pickup options because of the COVID-19 pandemic, the Occupational Safety and Health Administration (OSHA) has published guidelines suggesting best practices to prevent the spread of COVID-19. To prevent exposures with customers, OSHA recommends that food and beverage vendors: Avoid direct hand-offs when possible; … Continue Reading
Meat processing and packing facilities around the United States have emerged as hotspots for COVID-19. While handling and processing meat and poultry does not expose workers to coronavirus, close contact with coworkers and supervisors may contribute to their potential exposures. A number of facilities have had to temporarily close down operations due to outbreaks of … Continue Reading
As the Centers for Disease Control and Prevention (CDC) continues to study COVID-19, the agency is regularly updating guidance on precautionary measures to further prevent the spread of COVID-19 across the United States. The agency has expanded its recommended precautions to include “wearing cloth face coverings in public settings where social distancing measures are difficult to maintain” … Continue Reading
On April 16, 2020, OSHA issued an Enforcement Memorandum directed to Regional Administrators and State Plan Designees giving them Discretion in Enforcement when Considering an Employer’s Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic. Under the Memo, OSHA acknowledges that some “employers may face difficulties complying with OSHA standards due to the ongoing … Continue Reading
On April 13, 2020, the Occupational Safety and Health Administration (“OSHA”) announced an Interim Enforcement Response Plan for Coronavirus Disease 2019 (“COVID-19”) related complaints, referrals, and severe illness reports. While OSHA has issued several enforcement memorandums on COVID-19 related issues in recent weeks, this guidance is specifically directed to OSHA’s Area Offices on conducting investigations … Continue Reading
In light of the ongoing safety concerns related to COVID-19, OSHA issued an alert identifying various voluntary safety measures that employers can take to keep package delivery workers safe from exposure to coronavirus. OSHA’s safety tips included: Establishing flexible work hours (e.g., staggered shifts) where feasible; Minimizing interaction between drivers and customers by leaving deliveries … Continue Reading
