As OSHA and the Department of Labor consider whether to issue a COVID-19 emergency temporary standard (“ETS”) for workplaces, many states have already issued their own versions of pandemic workplace rules. They range in style and substance, and federal OSHA has said that it is reviewing the existing state ETS requirements as it looks at what types of provisions to include in any national mandates.
Avi Meyerstein
A member of Husch Blackwell’s Technology, Manufacturing & Transportation team, Avi focuses his practice on workplace safety and health matters, litigation and appellate law. He represents clients on OSHA, MSHA, CSB and other safety agency compliance, investigations, enforcement actions and appeals.
What can you do to support vaccination? Download our vaccine planning checklist for employers.
As COVID-19 vaccination rolls out in the United States, employers should begin preparing to support vaccination and consider how workplaces will be impacted. There are still many unknowns, and plans will have to remain flexible. To help companies think through these issues, we’ve put together a vaccine planning checklist.
EEOC issues COVID-19 vaccine guidance, allowing employer mandates
As vaccines roll out, employers have been asking how to prepare and whether they can mandate vaccination for their employees. This week the EEOC released fresh guidance, confirming that mandates are legal if implemented properly.
Employer vaccine update: As FDA reviews vaccines, drug makers report limited supplies
The FDA could approve two COVID-19 vaccines within a matter of days. However, drug makers have tried to keep expectations in check about how much vaccine they can deliver immediately and over the next few months as they grapple with supply chain and manufacturing challenges.
Michigan establishes state requirements for employers to protect against COVID-19
Michigan recently joined the growing list of states creating temporary emergency rules that require employers to take certain steps to protect their workforces against COVID-19. The rules by the Michigan Occupational Safety and Health Administration (MIOSH) will remain in effect for at least six months starting October 14, 2020.
With almost $3 million in penalties issued, OSHA advises on frequently-cited COVID standards
OSHA announced last week that it has issued 204 citations so far relating to COVID-19 with total penalties of $2,856,533. As these penalties continue to climb, OSHA also issued new guidance to help employers understand which standards it most often cites relating to the pandemic.
Updated: Top employer COVID vaccine questions and answers
Announcements by both Pfizer and Moderna that their trial COVID-19 vaccines appear to be over 90% effective have led to a surge of interest by everyone, employers included, about exactly when and how a vaccine will save us from pandemic life. Here are some updated key questions and answers for employers about what to expect next.
Change of plans: CDC significantly expands definition of “close contact”
Many companies and organizations will be updating their COVID-19 plans as a result of new CDC guidance this week. Based on a new case study, the CDC has significantly expanded when someone is in “close contact” with the virus. This definition is at the heart of almost every workplace, school, and healthcare COVID-19 policy. The broader definition will likely significantly expand social distancing, contact tracing and the number of people required to isolate after a case is discovered.
FDA and OSHA issue employee health and food safety checklist for COVID-19
by Emily Lyons
Last week, the U.S. Food and Drug Administration (FDA) and Occupational Safety and Health Administration (OSHA) issued a checklist to assist human and animal food operations during the COVID-19 public health emergency. The checklist is useful for firms growing, harvesting, packing, manufacturing, processing, or holding human and animal food regulated by FDA…
Can you require your employees to get vaccinated when a COVID-19 vaccine becomes available?
by Sydney Buckley
With scientists worldwide racing to develop a COVID-19 vaccine, many employers are asking if they can require employees to be vaccinated. As with everything COVID-19, there are many open questions, but here are some of the major legal issues in considering mandatory vaccination policies.