COVID-19

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Seyfarth Synopsis: As of February 3, 2025, California’s COVID-19-specific workplace regulations will expire, though employers must still track COVID-19 cases until February 3, 2026. Cal/OSHA can enforce COVID-19 as a workplace hazard under the Injury Illness Prevention Program standard, making it prudent for employers to consider infectious disease prevention in their IIPP.

Since 2020, California employers have had to comply…

Continue Reading  That’s It, Folks! Cal/OSHA’s COVID Rule Has (Mostly) Expired

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. Clark, Patrick D. Joyce, Adam R. Young, A. Scott Hecker, Daniel 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 Hecker, Adam R. Young, Patrick D. Joyce, James 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
iStock - CalPECs COVID-19

By Ilana Morady, Patrick D. Joyce, Coby Turner, Liz 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 Hecker, Adam R. Young, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: The CDC has found that COVID-19 cases, hospitalizations, 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. Young, Melissa A. Ortega, A. Scott Hecker, James L. Curtis, Brent I. Clark, Benjamin 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. Young, A. 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. Young, Patrick Joyce, and Craig B. Simonsen

Seyfarth Synopsis: On 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