COVID-19

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The increase in the frequency of violent confrontations faced by healthcare workers in the workplace is prompting OSHA to pursue a standard for Prevention of Workplace Violence in the Healthcare and Social Assistance industries.   Healthcare workers have faced a significant increase (63% from 2011-2018) in the incidence of violent and aggressive acts in the workplace, according to the Bureau of Labor Statistics and the Association of American Medical Colleges. According to OSHA, “nonfatal workplace violence is more widespread in the Healthcare and Social Assistance Standard than in any other industry.”

On March 23, 2022, the Occupational Safety and Health Administration (OSHA) published a notice in the federal register announcing a limited re-opening of the comment period regarding OSHA’s final standard to protect healthcare and healthcare support service workers from occupational exposure to COVID-19. The comment period will end on April 22, 2022, and the virtual public hearing will be held on April 27, 2022. The Emergency Temporary Standard (ETS) for Occupational Exposure to COVID-19 for  healthcare and healthcare support service workers (OSHA Healthcare ETS) was originally published on June 21, 2021. OSHA has re-opened the comment period to allow stakeholders to address changes the agency is considering that depart from the June 2021 version of the OSHA Healthcare ETS.

On August 13, 2021, the Occupational Safety and Health Administration (OSHA) published updated guidance for the mitigation and spread of COVID-19 in the workplace. This guidance is for workers not covered by OSHA’s COVID-19 Emergency Temporary Standard for Healthcare. The guidance adopts recommendations analogous with CDC guidance in response to the spread of the Delta…

On June 9, 2021, the Occupational Health and Safety Administration (OSHA) issued a new COVID-19 Emergency Temporary Standard (ETS) with the scope of the ETS limited to certain workplace settings that are defined as healthcare service and healthcare support service settings, unless the healthcare setting is specifically excluded. In conjunction with its release of the ETS, on June 10, 2021, OSHA also issued new guidance applicable to employers and workers that are not covered by the ETS. The stated purpose of the new guidance is to enable employers to better recognize and abate hazards likely to cause death or serious physical harm as part of their obligation under the General Duty clause and other existing mandatory OSHA standards. To accompany our recent commentary on the ETS, we also have prepared the following summary of the OSHA guidance directed at employers not covered by the ETS.

On June 9, 2021, the Occupational Safety and Health Administration (OSHA) released its long anticipated interim final rule and request for comments for the Occupational Exposure to COVID-19; Emergency Temporary Standard (ETS). OSHA released the ETS one day after the approval of the standard was received from the Office of Information and Regulatory Affairs, Office of Management and Budget. The ETS is limited to covered healthcare employers and excludes from coverage of the standard certain healthcare workplaces that have a fully vaccinated workforce and that exclude individuals with possible COVID-19 infections. The rule becomes effective on the date of publication in the Federal Register with deadlines for compliance that vary by section of the ETS. Written comments regarding whether the ETS should become a final rule must be submitted within 30 days of the publication date in the Federal Register. A brief overview of the ETS’s requirements are provided below.

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.

vaccinechecklist

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)…

capitol

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…

open pit mine

One year into the pandemic, MSHA has released new guidance to help miners and operators identify the risks of being exposed to COVID-19 at work and to help them determine appropriate control measures to reduce the risk of contracting the virus.   During a stakeholder call on March 3, 2021, Jeannette Galanis, MSHA’s new Deputy Assistant Secretary for Policy, acknowledged that many mine operators already have rules addressing COVID-19 mitigation.   It was made clear on the call that this guidance was advisory in nature.  However, agency representatives said they were still considering the need for an Emergency Temporary Standard addressing COVID-19 mitigation.