On May 13, 2021, the Centers for Disease Control and Prevention (CDC) issued new guidance withdrawing the mask and physical distancing requirements for fully vaccinated individuals. The new CDC guidance raises issues for employers with respect to the requirements under existing state emergency temporary standards (ETS), state regulations and orders, and the employer’s ability to mandate the use of masks by employees or customers and to request proof of vaccination. We anticipate that various federal agencies will issue more guidance soon. In the meantime, to help employers to think through the answers to these questions, we provide the following information.
Continue Reading What Does the New CDC Guidance Regarding Masks Mean for Employers?

On April 20, 2021, the Department of Labor Occupational Health and Safety Administration (OSHA) issued guidance related to adverse reactions after receiving a COVID-19 vaccination.  According to the guidance, an adverse reaction to the COVID-19 vaccine is recordable in the OSHA record-keeping log if the reaction is: 1) work-related; 2) a new case, and 3)

As mandated by President Biden’s January 21 Executive Order, OSHA has announced a National Emphasis Program (NEP) designed to protect workers from contracting COVID-19.  On March 12, 2021, OSHA announced its new national emphasis program that targets high-risk establishments in high-risk industries for programmed inspections and provides a heightened focus on employers that retaliate against

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.

Continue Reading As OSHA considers ETS, what do various states already require?

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.

Continue Reading OSHA Posts New Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

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.

Continue Reading What can you do to support vaccination? Download our vaccine planning checklist for employers.

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.

Continue Reading EEOC issues COVID-19 vaccine guidance, allowing employer mandates

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.

Continue Reading Employer vaccine update: As FDA reviews vaccines, drug makers report limited supplies