After a three-judge panel of the US Court of Appeals for the DC Circuit rejected an AFL-CIO request for an order requiring an emergency OSHA COVID-19 regulation, the union has petitioned for re-hearing by the entire Court. The rehearing request is pending.

Continue Reading After DC Circuit rejects union petition for emergency OSHA rule on COVID-19, union seeks re-hearing

While many employers consider whether and how to use COVID-19 tests of different kinds to help clear employees to return to work, the EEOC has clarified that not all tests are created equal in its eyes. Our partner, Barbara Grandjean, reports on the latest EEOC guidance.

Continue Reading EEOC: Employers can require viral COVID-19 tests, but not antibody tests, for return-to-work

COVID-19 has hit small and medium-sized businesses, and even regional companies, especially hard. On top of losing customers, trying to make payroll and rent, and being squeezed on either end, they have fewer resources to become experts on how to keep their workers safe. Many feel that they simply do not have the time or money to analyze pages of federal and state guidance and prepare detailed return-to-work plans. But, it need not be this way. We’ve got a solution.

Continue Reading Just in time, a little boost for small and medium-sized businesses planning return to work

All bets are off as regulatory agencies are tugged in every direction in pandemic world. Normally, an election year probably would not have seen particularly aggressive enforcement or rulemaking. For a while, COVID-19 health precautions and furloughed work sites meant reduced inspection activity. But, enforcement may be picking up, and a battle over new regulations is brewing. Here’s your full update.

Continue Reading OSHA and MSHA update: More enforcement? New regs? Deregulation? It’s all on the table.

As companies plan to reopen, we’re getting lots of questions about how to prepare for workers wearing cloth face masks, as advised by the CDC and now required by some jurisdictions. Should your employees wear masks? Must they? What do you need to know to do this right? Here is our summary of key questions and answers.

Continue Reading Returning to work with masks? Answers to top employer questions.

Many companies are considering deploying health survey and/or contact-tracing apps as part of protecting the workforce as they bring employees back to work. The apps aim to identify if an employee might be infected or has been in close contact with someone who tested positive for COVID-19. But, before you get started, there are critical privacy issues to consider.

Continue Reading Using health screening or contact-tracing apps for return to work? Watch the privacy implications.

The CDC has published new guidelines enabling workers employed in certain “Critical Infrastructure” jobs to return to work more quickly after they were exposed to people with known or suspected cases of COVID-19. Who’s covered and what are the key action items? Read on for our analysis.

Continue Reading CDC revises its ‘Return to Work’ guidelines for essential workers in critical infrastructure