By David S. Wilson and Joshua A. Rodine

Seyfarth Synopsis: The California Supreme Court unanimously held that while claims brought by an employee’s spouse for COVID injury are not barred by the Workers’ Compensation Act’s (WCA) exclusivity provision, policy considerations cautioned against imposing a tort duty to the members of an employee’s household. Kuciemba v. Victory Woodworks, Inc.

The Facts

Continue Reading California Supremes Set Bounds on Employer Duty to Non-Workers

By Brent I. ClarkPatrick D. JoyceAdam R. YoungA. Scott HeckerDaniel R. Birnbaum, and Melissa A. Ortega

Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of Labor, including

Continue Reading Report From Day 3 of The 2023 ABA OSHA/MSHA Law Conference

By A. Scott HeckerAdam R. Young, Patrick D. JoyceJames L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: On December 7, 2022, OSHA submitted its “Occupational Exposure to COVID-19 in Healthcare Settings” standard to the White House Office of Management and Budget’s Office of Information and Regulatory Affairs (“OIRA”) for final review.

OSHA published a flowchart

Continue Reading Doctor, Doctor, Give Me the News: OSHA Moving Forward with COVID-19 Healthcare Permanent Standard

By Ilana MoradyPatrick D. JoyceCoby TurnerLiz Watson and Juan Rehl-Garcia 

Seyfarth Synopsis: Two big changes are on the horizon for California employers:
(1) changes to the COVID-19 general exposure notification requirements and (2) a proposed “permanent” Cal/OSHA COVID-19 standard to take effect January 1, 2023-2025.

The fall season signals change between the

Continue Reading Changes Coming to CA COVID-19 Requirements

By Hoorya Ahmad and Patrick Joyce

Seyfarth Synopsis: Washington State’s COVID-19 emergency declaration expires October 31, 2022 but the Health Emergency Labor Standards Act (HELSA) administered by the Washington State Department of Labor & Industries (L&I), and codified at WAC 296-62-602 to -609, will remain in place for the time being.

HELSA is triggered by

Continue Reading Washington’s COVID-19 Emergency Declaration Expires October 31, 2022 — Employers Must Continue to Follow HELSA Notice & Reporting Requirements

By  A. Scott HeckerAdam R. Young, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: The CDC has found that COVID-19 caseshospitalizations, and deaths are leveling off from their rise over the summer. The CDC advises that Americans can help prevent these numbers from increasing again by staying up to date with 
Continue Reading CDC Interpretive Summary on COVID-19 for August 26, 2022

By Adam R. YoungMelissa A. Ortega, A. Scott HeckerJames L. CurtisBrent I. ClarkBenjamin D. Briggs, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: On August 11, 2022, the CDC, through a press release, eased its COVID-19 guidance to “help us move to a point where COVID-19 no longer
Continue Reading CDC Eases COVID-19 Guidelines

By Adam R. YoungA. Scott Hecker, Brent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis: Omicron BA5 strain has become dominant and has evolved to render vaccinations and boosters less effective, resulting in many employers revisiting their COVID-19 policies.

According to the Centers for Disease Control and Prevention (CDC), “SARS-CoV-2, the virus that causes COVID-19,
Continue Reading Still Coughing: Now-Dominant COVID-19 Variant Can Elude Current Vaccines, Prompts FDA Action

By A. Scott Hecker, Benjamin D. Briggs, Adam R. YoungPatrick Joyce, and Craig B. Simonsen

Seyfarth SynopsisOn May 25, 2022, Douglas Parker, Assistant Secretary for the U.S. Department of Labor’s Occupational Safety and Health Administration, testified before the U.S. House Committee on Education and Labor’s Workforce Protections Subcommittee regarding his vision for the
Continue Reading The Slow and the Furious: OSHA’s Rulemakings Continue at Various Stages with Infectious Diseases a Priority

By Adam R. Young, Brent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis: Federal OSHA is rolling out an aggressive COVID-19 enforcement program to inspect “high hazard” employers, as well as re-inspect those healthcare employers who have received COVID-19 complaints in the past. 

In March 2022 at the ABA OSHA conference, OSHA enforcement leadership publicly declared the “COVID-19
Continue Reading COVID-19 “Endemic” is Not Over: OSHA is Opening New COVID-19 Programmed Inspections