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.
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.
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.
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 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.
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.
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.
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.
While federal OSHA has not implemented new regulations for COVID-19, the push by some individual states to do so continues. Most recently, California passed a law that sets up new COVID-19 requirements for employers in the state, especially around providing notices and reports of workplaces exposures.