As healthcare employers should know, the Occupational Safety and Health Administration released a COVID-19 Emergency Temporary Standard (ETS) (extensively discussed in our June 15, 2021 blog post), which became effective on June 21, 2021 . The ETS imposes significant responsibilities and obligations on those employers in the context of the COVID-19 pandemic, and it also teased that OSHA was providing significant resources (including a model plan) to assist with compliance, although most of those resources were nowhere to be found on the OSHA website – until now!

Continue Reading Healthcare Employers Rejoice! OSHA Provides New Compliance Resources (Model Plan!) for Its COVID-19 Emergency Temporary Standard

In conjunction with updating its COVID-19 guidance for employers generally (discussed in a prior E-lert), on June 10, 2021, the federal Occupational Safety and Health Administration (OSHA) issued a long-awaited COVID-19 Emergency Temporary Standard (ETS) – but limited its coverage only to employers providing healthcare services or healthcare support services. The ETS imposes significant responsibilities and obligations on those employers in the context of the COVID-19 pandemic – much of which healthcare entities are already doing. But there are a few surprises as well.

Continue Reading OSHA’s COVID-19 Emergency Temporary Standard for Healthcare Employers Contains Some (Unpleasant) Surprises

On June 10, 2021, the federal Occupational Safety and Health Administration issued updated guidance for businesses on COVID-19 prevention and mitigation – taking into account the impact of vaccinations – along with a long-awaited Emergency Temporary Standard (ETS) applicable only to healthcare (which is not discussed in this E-lert).

Continue Reading OSHA’s COVID-19 Updated Workplace Guidance – What Employers Need to Know

Just over two weeks after it relaxed its protocols for fully-vaccinated individuals, the Centers for Disease Control and Prevention (CDC) has now issued revised guidance essentially permitting those individuals to resume their pre-pandemic lifestyle, subject to any applicable and differing state and local mandates. Consistent with prior iterations of this guidance, the CDC asserts that “You will still need to follow guidance at your workplace.” So what can employers do now? Well, we’ve now updated our last blog post on this topic (and then further updated to account for OSHA’s latest pronouncement).

Continue Reading UPDATED: Back to Normal for the Fully Vaccinated? What the CDC’s Latest Guidance Means for Employers

This week, the Centers for Disease Control and Prevention (CDC) further relaxed its COVID-19 protocols for fully vaccinated individuals. Of significance to employers, the CDC continues to assert that such individuals should continue to “[f]ollow guidance issued by individual employers.” But what impact might these looser rules have in the workplace? We had previously offered some guidance the last time the CDC adjusted the rules, and have now updated that guidance.

Continue Reading The CDC’s Revised Rules for the Fully Vaccinated: What This Means for Employers

With case rates declining and COVID vaccine options expanding, five States as of March 8, 2021 have announced the end of all pandemic-driven restrictions, including mask mandates. (The lifting of Texas’ ban takes place on March 10; eleven states never mandated face coverings.) The “mask wars” had been tamped down by State mandates, but détente has ended in the “open” States. What does this mean for workplaces?

Continue Reading What to Do About Workplace Masking in the “Open” States

As promised by the new Biden Administration, on January 29, 2021, the Occupational Safety and Health Administration (OSHA) provided stronger guidance for employers and employees on COVID-19 in the workplace. The guidance provides information to workers about protecting themselves from COVID-19 in the workplace, elements of effective prevention programs, and other recommendations on how to limit the spread of COVID-19.

Continue Reading OSHA Provides Stronger Workplace Guidance on COVID-19

As individuals beyond front-line healthcare workers are becoming eligible for the vaccine, the Centers for Disease Control and Prevention (CDC) has just released a toolkit for employers of essential workers, to join those that it previously released for medical centers/clinics/clinicians, and long-term care facilities. Although targeted for these specific employers, the resources provide information and resources that are applicable to employers generally.

Continue Reading More Guidance from the CDC on Workplace Vaccination Programs

With apologies to William Shakespeare, these past couple of weeks have been rather confusing, with two of the major federal agencies leading the battle against COVID-19 – the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) – issuing somewhat, well, inconsistent guidance on the use of cloth face coverings or masks.

For many months now, the CDC has told us that cloth masks help to control the spread of COVID-19 by providing a barrier to help prevent the wearer’s respiratory droplets from reaching others – but that the masks did not protect the wearer. And because such cloth masks had no protective function, OSHA naturally declared that they were not personal protective equipment (PPE), which is significant because there may be OSHA-mandated employer obligations relating to the use of PPE in the workplace (e,g. fit testing, training, documentation, etc.).


Continue Reading Cloth Masks: PPE or Not PPE? That Is the Question

As offices and other workplaces reopen, employers are struggling with the issue of masks and face coverings in the workplace. There has been much confusion about whether and when cloth face coverings are required, and what are an employer’s obligations with regard to their use.

Continue Reading Masks/Face Coverings in the Workplace Uncovered! What Can Employers Require?