Compliance tips

In a February 13, 2026 decision, Cedar Springs Hospital v. Occupational Safety and Health Review Commission (OSHRC), No. 24-9519 (10th Cir. 2026), the Tenth Circuit U.S. Court of Appeals reaffirmed the Occupational Health and Safety Administration’s (OSHA) authority to cite healthcare employers for workplace violence under the OSHA’s General Duty Clause. The court upheld OSHA citations issued to a Colorado psychiatric hospital, as well as related penalties against the hospital’s management company based on common ownership. The court rejected three main arguments posited by the hospital.

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.

On January 29, 2021, OSHA posted new guidance on mitigating and preventing the spread of COVID-19 in the workplace. The latest OSHA guidance standardizes a new name for employer policies: “COVID-19 Prevention Program.” In the guidance, OSHA states employers should implement COVID-19 Prevention Programs in the workplace. Per the agency, the most effective programs engage workers and their union or other representatives in the program’s development and include the following key elements: conducting a hazard assessment; identifying a combination of measures that limit the spread of COVID-19 in the workplace; adopting measures to ensure that workers who are infected or potentially infected are separated and sent home from the workplace; and implementing protections from retaliation for workers who raise COVID-19 related concerns.

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.