OSHA

As we previously reported here, the United States Judicial Panel on Multidistrict Litigation conducted a lottery to determine which of the thirteen federal appeals courts would hear the consolidated cases challenging the Occupational Health and Safety Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination or masking/testing requirements for large employers. Drawing from a…

The Occupational Safety and Health Administration (”OSHA”) has issued its long-awaited Emergency Temporary Standard requiring employers with 100 or more employees to mandate that each worker be fully vaccinated, or subject to at least weekly testing, by January 4. Public employers are not covered by OSHA and will not be subject to the rule.  In…

On September 20, 2021, the Biden Administration announced a multi-agency initiative to protect employees from excessive workplace heat exposure.  The Administration acknowledged its public health concern arising from heat waves experienced this summer and what it has identified as a systemic threat to workers from exposure to high temperatures – indoors and outdoors – while…

On August 13, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued detailed updated guidance on appropriate measures for protecting employees in workplaces staffed with both vaccinated and unvaccinated workers.  Importantly, OSHA is now recommending that employers in geographical areas of substantial or high community transmission with mixed-vaccination status employees should…

Fulfilling a promise made early in the Biden Administration, on June 10, 2021, the Occupational Health and Safety Administration (OSHA) issued an Emergency Temporary Standard (ETS) related to COVID-19.  However, the ETS applies only to healthcare and healthcare support service workers in settings where people with COVID-19 are reasonably expected to be present.  Although this…

In April 2020, an executive assistant at a Staten Island health care provider was allegedly terminated for raising COVID-19 related safety concerns about an in-person meeting.  In what may be a sign of litigation to come, the Department of Labor has filed suit against the employee’s former employer alleging violation of the whistleblower provisions of…

On May 17, 2021, the Occupational Safety and Health Administration (OSHA) advised employers to follow the new CDC mask guidance for people fully vaccinated against COVID-19.  Although this provides some guidance for employers, it is important that businesses continue to practice workplace safety protocols that reflect the unique characteristics of each workplace, and account for…

On May 13, 2021 the CDC overhauled its guidance, stating that fully vaccinated people can resume most of their pre-pandemic activities without wearing a mask or social distancing. This includes indoor and outdoor gatherings, regardless of size. The CDC does still recommend that fully vaccinated people wear a mask while using public transportation and…

Recently, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) released its 30th annual “Death on the Job: The Toll of Neglect” report.  Every year, the report highlights the number of states and industries with the most workplace injuries.  Though this year’s report focused on data from 2019, not surprisingly,…