On November 4, the Occupational Safety and Health Administration (OSHA) released its much-anticipated mandate-or-test workplace vaccine emergency rule (“the Rule”).  The Rule requires employers with 100 or more employees to either mandate covered employees be fully vaccinated against COVID-19 or require covered employees that are not fully vaccinated to test for COVID-19 at least weekly and wear a face covering.  The Rule went into effect immediately on November 5 with employers expected to comply by no later than January 4, but implementation has since been halted due to pending legal challenges.  For more information of the Rule requirements and specifics, see our prior article It’s Here: OSHA’s Rule Mandating COVID Vaccinations or Weekly Testing for Employers.

Continue Reading Challenged – OSHA’s Rule Mandating COVID Vaccinations or Weekly Testing for Employers Halted

The much-anticipated vaccine rule is here.  On November 4, 2021, and in response to President Biden’s Executive Order, the Department of Labor, through the Occupational Safety and Health Commission, issued the Emergency Temporary Standard (“the Rule”), requiring mandatory vaccination or weekly COVID testing for many U.S. employers.  The Rule is effective immediately.

Continue Reading It’s Here: OSHA’s Rule Mandating COVID Vaccinations or Weekly Testing for Employers

To close out the 2021 legislative season, Governor Gavin Newsom signed dozens of bills into law, many of which directly affect California employers.  In addition to the coverage in prior blog posts, which are linked below, this article provides an overview of key new employment laws.

Continue Reading 2021 California Legislative Update: California’s New Employment Laws

On September 9, 2021, the White House released a memorandum titled “Path Out of the Pandemic,” which detailed President Biden’s COVID-19 Action Plan.  The memorandum contains six priorities for combatting the COVID-19 pandemic, including a requirement that all employers with 100 or more employees must implement a vaccine mandate and/or require weekly testing of unvaccinated workers.

Continue Reading President Biden and OSHA to Require Vaccine Mandate or Weekly Testing for Employers with 100+ Employees

On September 6, 2021, New York Governor Kathy Hochul announced that COVID-19 has been designated as a highly contagious communicable disease that presents a serious risk of harm to the public health under New York State’s HERO Act (“HERO Act” or the “Act”). At the time of the publication of this article, the Commissioner of Health’s designation is only effective until September 30, 2021. On September 30, the Commissioner will review the level of COVID-19 transmission in the state and make a further determination.

Continue Reading NY HERO Act Plans Must Be Activated as COVID-19 Designated a Highly Contagious Communicable Disease

On August 13, 2021, the U.S. Occupational Safety and Health Administration (“OSHA”) updated its “Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.”  The updated guidance, which does not apply to healthcare workplace settings covered by OSHA’s COVID-19 Emergency Temporary Standard, reflects recent changes to the guidance for fully vaccinated individuals published by the Centers for Disease Control and Prevention (“CDC”) on July 27, 2021.  Among the updates discussed below, the most notable changes are the modified recommendations for fully vaccinated employees.  OSHA advises that employers should use the guidance to ensure they protect unvaccinated and otherwise at-risk workers and to determine any appropriate control measures to implement.

Continue Reading OSHA Updates COVID-19 Guidance to Align With Recently Updated CDC Guidance

What a difference three months makes.  In May 2021, the Centers for Disease Control and Prevention (“CDC”) announced that fully vaccinated individuals could forgo masks and social distancing requirements in most indoor and outdoor locations.  At that time, the Alpha variant was not all that transmissible in the fully vaccinated, and millions of vaccine shots were doled out each day.  But now, with the increasing spread of the transmissible Delta variant, the CDC has updated its guidance to recommend that fully vaccinated individuals wear masks in public indoor settings in areas of substantial or high transmission.

Continue Reading Return of the Mask: CDC Issues New Recommendations for Fully Vaccinated Individuals

As we previously reported, on May 5, 2021, Governor Andrew Cuomo signed the New York Health and Essential Rights Act (“HERO Act” or the “Act”) into law.  On July 6, 2021 the New York State Department of Labor (“NYSDOL”) published its Airborne Infectious Disease Exposure Prevention Standard (the “Standard”), a General Model Airborne Infectious Disease Exposure Prevention Plan, and several Industry Specific Model Exposure Prevention Plans (“Model Plan” or Model Plans”) as required by the HERO Act.

Continue Reading New Health and Safety Obligations Established as NYSDOL Publishes Its Standard and Model Airborne Infectious Disease Exposure Plan Required by NY HERO Act

On June 21, 2021, the United States Department of Labor’s Occupational Safety and Health Administration’s (“OSHA”) new COVID-19 Healthcare Emergency Temporary Standard (“ETS”) went into effect.
Continue Reading New U.S. DOL Emergency Temporary Standard for Healthcare Workers

On June 17, 2021, the Cal/OSHA Standards Board voted to adopt revisions to the Emergency Temporary Standards (ETS), and Governor Gavin Newsom signed an executive order allowing the revised ETS to go into effect immediately.  The revised ETS now applies to nearly all workers in California not covered by Cal/OSHA’s Aerosol Transmissible Diseases standard.
Continue Reading Cal/OSHA Finally Enacts Revised Emergency Temporary Standards

This week, both houses of the New York state legislature passed a package of amendments (the “Amendments”) to the New York Health and Essential Rights Act (“HERO Act” or the “Act”) designed to clarify, modify, and delay implementation of certain provisions of the Act.
Continue Reading NY HERO Act Requirements Significantly Modified as Amendments Pass New York Legislature