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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.
Continue Reading Healthcare Industry: OSHA Re-opens Comment Period and Schedules Public Hearing on ETS – Occupational Exposure to COVID-19

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On Thursday, November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS)  applicable to employers of 100 or more employees. The ETS requires employers  to adopt a soft vaccine mandate obligating employees to either get vaccinated or to undergo regular COVID-19 testing and to wear a face covering at work. OSHA expressly states that the ETS pre-empts all state or local laws that are contrary to the ETS requirements. The ETS will be effective on the date of publication in the Federal Register (November 5, 2021).  However, employees who work for covered employers will have until January 4, 2022 to get vaccinated or otherwise comply with the testing/masking requirements.
Continue Reading OSHA Issues COVID-19 Vaccine Mandate for Employers of 100 or More Employees

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On October 25, 2021 the US Senate confirmed President Biden’s nominee Doug Parker to be the next Assistant Secretary of Labor and leader of the Occupational Safety and Health Administration (OSHA).  Mr. Parker will be the first Senate-confirmed leader for OSHA in over four years, as the Trump Administration never pursued a permanent head of…

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.
Continue Reading OSHA Issues New Guidance Applicable to all 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.
Continue Reading OSHA Issues Federal COVID-19 Emergency Temporary Standard

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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)…

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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…

With the 2019 holiday shopping season kicking off in earnest this upcoming Black Friday, OSHA circulated reminders last week of some of its key resources and concerns for safety and health in retail stores, especially during the holiday rush. What can retailers expect from OSHA this holiday season, and how can you stay prepared to reduce the chance of enforcement?
Continue Reading What retailers can expect from OSHA this holiday season (and how to stay prepared)