By Ilana Morady, Patrick D. Joyce, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: This week the California Department of Public Health (CDPH) issued an order revising COVID-19 definitions and procedures. Because the Cal/OSHA COVID-19 standard incorporates by reference certain CDPH definitions, the CDPH order impacts what the regulated community needs to be doing to
Continue Reading New Updates to Cal/OSHA COVID-19 Requirements
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 permanent “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.
As we blogged
Continue Reading COVID-19 Healthcare Permanent Standard Remains Under White House Review
By Adam R. Young, Daniel R. Birnbaum, A. Scott Hecker, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: With concerns of infectious disease at the forefront of workplace health and safety in the past several years, and with the traditional flu and cold season upon us, OSHA has reminded the regulated community to prevent the
Continue Reading With Flu Season Upon Us, OSHA Signals That Employers Should Continue To Encourage Vaccination For Their WorkforcesBy 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 Samantha L. Brooks, Karla Grossenbacher, and A. Scott Hecker
Seyfarth Synopsis: On July 12, 2022, the U.S. Equal Employment Opportunity Commission issued updated guidance for employers on the interplay of workplace bias laws and COVID-19 workplace testing, vaccinations, and other return-to-work issues, including reasonable accommodations and access to employees’ confidential medical information. Employers continue to face these
Continue Reading In Policy Pivot, EEOC Revises Pandemic Guidance To Move Away From A “Direct Threat” Analysis and Focus on “Business Necessity” As Employers Return Employees To The Workplace
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
By A. Scott Hecker, Brent I. Clark, Benjamin D. Briggs, James L. Curtis, Adam R. Young, Ilana Morady, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Judicial Panel on Multidistrict Litigation (MDL) lottery selected the U.S. Court of Appeals for the 6th Circuit to hear the consolidated legal challenges to
Continue Reading U.S. Court of Appeals for the Sixth Circuit Selected to Rule on OSHA COVID ETS Per Judicial Panel on Multidistrict Litigation
By Lorie E. Almon, Meredith-Anne Berger, Anne R. Dana, and Glenn J. Smith
Seyfarth Synopsis: With no fanfare or effective means of publication, New York adopted an emergency regulation, effective May 26, 2021, implementing the latest CDC guidance on face coverings, with certain key exceptions. Notably, face coverings are required for unvaccinated food service workers at all
Continue Reading The Never Ending Story – More COVID-19 Guidance for New York: Adoption of an Emergency Regulation for Face Coverings and Proposed Rollbacks of Industry-Specific Guidance
By Coby Turner, Patrick D. Joyce, Ilana Morady, Adam R. Young, and Elizabeth M. Levy
Seyfarth Synopsis: The California Occupational Safety & Health Standards Board (OSHSB) was supposed to consider changes to the COVID-19 Emergency Temporary Standard (ETS) on May 20, 2021. But after the CDC published a May 13, 2021 guidance saying that
Continue Reading For Real Now: Cal/OSHA Board Considering Changes to COVID-19 ETS
By Brent I. Clark, Benjamin D. Briggs, Coby Turner, Adam R. Young, Ilana Morady, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: On May 20, 2021, the California Occupational Safety & Health Standards Board (OSHSB) will consider changes to the COVID-19 Emergency Temporary Standard (ETS) Rules, and it just posted the
Continue Reading Cal/OSHA Considering Changes to COVID-19 Emergency Temporary Standard