As the COVID-19 pandemic continues to evolve, the Centers for Disease Control and Prevention (CDC) has once again issued new guidance on August 11, 2022.

The CDC has revised its guidance several times since the start of the pandemic in March 2020.  However, this time, some commentators see the latest revisions to the CDC’s updated guidance as signaling a strategic shift in the pandemic.  Many also see it as reaching the new normal given the existence of vaccines, immunity, and treatments. As Greta Massetti, PhD, MPH, MMWR author stated, “[t]his guidance acknowledges that the pandemic is not over, but also helps us move to a point where COVID-19 no longer severely disrupts our daily lives.”Continue Reading Have we reached the new normal? The CDC’s Revised COVID-19 Rules

Although the Occupational Safety and Health Administration’s attempt to issue a general workplace COVID standard was unsuccessful, employers should not assume that they are off the hook with regard to COVID preventative measures, as one company recently learned.

The U.S. Department of Labor recently issued a press release to announce its citation of an auto-parts supplier for failing to protect its workers against COVID-19 in the workplace. This press release effectively warns other employers to comply with CDC and OSHA workplace guidance on COVID-19 prevention and remediation. Although there is no current COVID-specific standard, OSHA is making good on its commitment to use existing standards, including the General Duty clause, which requires employers to provide a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.”Continue Reading Employers, Don’t Ignore COVID Just Because the Vax-or-Test ETS Is Gone

OSHA Withdraws the Healthcare ETS. The Healthcare ETS, which was promulgated by the Occupational Safety and Health Administration (“OSHA”) on June 21, 2021, has been largely withdrawn by OSHA.  On December 27, 2021, OSHA announced its withdrawal of the non-recordkeeping components of the Healthcare ETS.  We previously described the requirements of the Healthcare ETS in our June 15, 2021 E-lert.
Continue Reading OSHA Scraps Its Healthcare ETS While CMS Moves Forward With the Vaccine Mandate in Half of the Country

On November 5, 2021, on the same day that the Occupational Health and Safety Administration issued its COVID-19 Vaccination and Testing Emergency Temporary Standard (the “ETS”), the Centers for Medicare and Medicaid Services (“CMS”) released its Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (the “CMS Vaccination Rule” or the “Rule”).  The CMS Vaccination Rule requires certain healthcare providers to mandate vaccination against COVID-19 for all applicable staff.  The Rule, which permits medical and religious exemptions only as required by law, does not require testing of unvaccinated staff.
Continue Reading CMS Issues COVID-19 Rule Requiring Vaccination of Healthcare Staff

The federal Occupational Safety and Health Administration has now issued the Emergency Temporary Standard (ETS) implementing President Biden’s September 9, 2021 COVID-19 Action Plan that requires employers with 100+ employees (1) to mandate vaccinations or weekly testing/face coverings for their workforce and (2) to provide paid time off to get vaccinated and recover from any adverse effects. Although the ETS is effective upon publication in the Federal Register on November 5, 2021, employers will be given until December 5, 2021 to come into compliance with everything but the testing requirement, which has a compliance date of January 4, 2022. The ETS will likely be in effect for six months.
Continue Reading OSHA’s Vax-or-Test ETS: What Employers Need to Know

The U.S. Department of Justice (DOJ) has released an opinion (originally prepared on July 6, 2021 for the Deputy Counsel to the President) definitively stating that the Emergency Use Authorization (EUA) statute, under which current COVID-19 vaccines were approved by the Food and Drug Administration (FDA), “does not prohibit entities from imposing vaccination requirements” including “to return to work or be hired into a new job.” Although good news for employers wishing to impose such mandates (particularly in light of the Equal Employment Opportunity Commission’s approval of such mandates under federal anti-discrimination laws, as discussed in our May 28, 2021 E-lert), they should keep in mind that such guidance is not necessarily determinative. And they should also consider any state vaccine restrictions.
Continue Reading U.S. DOJ States that Emergency Use Authorization Does Not Preclude Vaccine Mandates

Last month, the Tweet below went viral:

“I don’t want to alarm anyone, but I’ve just been asked in a job interview if I used lockdown ‘to pursue any passion projects or personal development.’”

Please, employers, I beg of you— find a different trendy interview question.Continue Reading Employers – Do Not Ask About Pandemic Passion Projects!

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

NOTE: This post has been updated for guidance from the Maryland DOL on paid leave under the Essential Workers Protection Act.

Workplace guidance on COVID-19 keeps shifting at the federal and state level, which poses a challenge for all employers. For Maryland businesses, we thought it might be helpful to summarize where we stand as of early June 2021.

Although Maryland remains in a state of emergency, at this time, the Governor has lifted many of the restrictions that impact the private workplace, such as shutdown orders, most masking requirements, group limitations, travel, etc. This does not mean a return to normal, however, as federal guidance still applies, and more state guidance should be forthcoming shortly. In addition, local jurisdictions, such as Baltimore City, may still have restrictions – like masking while indoors – with which employers must comply.Continue Reading UPDATED: Maryland Employers and Current COVID-19 Considerations: Workplace Safety Standards, Vaccinations, Masking, Paid Leave, and More