As the federal government and state of California adjusted their COVID-19 guidance for vaccinated individuals, Cal OSHA remained silent on how vaccination affected the requirements under its COVID-19 Emergency Temporary Standard (ETS). While there had been discussions of revisions to the ETS, it was unclear if Cal OSHA would be able to release such
COVID-19
Are Adverse Reactions to COVID-19 Shots Recordable to OSHA? It Depends.
The Occupational Safety and Health Administration (OSHA) has determined that it will consider an adverse reaction to the COVID-19 vaccine a “work-related” recordable illness if an employee is required to take the vaccine as a condition of employment.
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Employers are Contesting OSHA’s COVID-19 Citations
By Courtney M. Malveaux on
Frustrated by constantly shifting guidance and shortages of respirators and other personal protective equipment experienced in 2020, employers are rejecting Occupational Safety and Health Administration (OSHA) citations for COVID-19 infractions and contesting them like never before.
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OSHA Nomination Signals Greater Enforcement, New Standards
By Courtney M. Malveaux on
Signaling significant regulatory and enforcement changes from the Occupational Safety and Health Administration (OSHA), President Joseph Biden has named a California official to lead the agency.
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OSHA Taking Its Time to Issue COVID-19 Emergency Temporary Standard
By Courtney M. Malveaux on
The Occupational Safety and Health Administration (OSHA) was directed under an executive order to promulgate an Emergency Temporary Standard (ETS) to address COVID-19 no later than March 15, 2021. It has yet to do so.
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Inspector General Office Report Criticizes OSHA COVID-19 Enforcement, Pushes for COVID-19 Standard
Criticizing the Occupational Safety and Health Administration’s (OSHA) enforcement efforts during the COVID-19 pandemic, the Department of Labor Office of the Inspector General (OIG) pushes for a COVID-19, virus-specific standard in its report issued on February 25, 2021.
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Continued Uptick in OSHA Requests for Information to Nursing Homes
By Catherine A. Cano on
Posted in COVID-19
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.,…
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…
OSHA Issues New Guidance for Employers Combating COVID-19
By Mary L. Bradley & Raymond Perez, II on
Posted in COVID-19, OSHA Guidance
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…
OSHA Issues Updated COVID-19 Guidance in Compliance with President Biden’s Executive Order
By Mary L. Bradley & Raymond Perez, II on
Posted in COVID-19, OSHA Guidance
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…