Workplace Safety and Health News AlertCOVID-19/CoronavirusOSHA's COVID-19 Vaccine ETS Enforcement UpdateDecember 3, 2021 On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) requiring all private sector employers subject to OSHA jurisdiction with more than 100 employees and all state and local governments in states with OSHA approved State Plans, to require all employees to show proof of COVID vaccination or begin to submit to weekly COVID… Long Anticipated OSHA Vaccine Requirement Announced, Effective January 4, 2022November 4, 2021 On November 5, 2021, OSHA will publish a new emergency temporary standard (“ETS”) requiring all businesses with more than 100 employees who are not already subject to a vaccine mandate to either require that all employees be fully vaccinated against COVID-19 or implement a weekly COVID-19 testing requirement for any employees who are not vaccinated. Who is impacted by the ETS? The federal… Updated Guidance for Employers Not Covered by OSHA's COVID-19 ETSJune 21, 2021 On May 16, 2021, the Centers for Disease Control and Prevention (“CDC”) issued updated guidance for masking noting that fully vaccinated individuals did not need to wear a mask in most settings. After the May 16, 2021 CDC guidance about de-masking, OSHA added the following statement to its COVID webpage on May 17, 2021: “OSHA is reviewing the recent CDC guidance and will update our materials on… OSHA Acknowledges Updated CDC Mask Guidance But Updated Regulation Reflecting the Change Will Have To WaitMay 21, 2021 On May 17, 2021, the Occupational Safety and Health Administration (“OSHA”) updated its COVID response webpage in reaction to guidance from the Centers for Disease Control and Prevention (“CDC”) issued on May 13, 2021. The CDC guidance states that individuals who have received a full vaccination regiment against the novel coronavirus that causes COVID-19 do not have to wear masks in most settings… COLORADO PASSES LEGISLATION TO PROTECT EMPLOYEES WHO RAISE CONCERNS ABOUT A PUBLIC HEALTH EMERGENCYJuly 24, 2020 New protections for employees concerned about workplace safety during a public health emergency are now in effect in Colorado. House Bill (“HB”) 20-1415 seeks to protect employees and some independent contractors from retaliation or discrimination if they raise safety or health concerns about a public health emergency (“PHE”) to their employer. The law became effective upon Governor Jared Polis’… The U.S. Court of Appeals for the D.C. Circuit Denies UMWA, <em>et al</em>. Writ of Mandamus Action for Emergency Temporary Standards to Address COVID-19July 23, 2020 In June, the United Mine Workers of America, International Union and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC filed a petition for a writ of mandamus on June 15, 2020, to require the Mine Safety and Health Administration (“MSHA”) to act in response to COVID-19. The petition invoked the extraordinary… Virginia Implements Emergency Temporary Standards for Workplace SafetyJuly 16, 2020 On Wednesday July 15, 2020, Virginia became the first state to announce that it will be implementing emergency temporary standards (“ETS”) for workplace safety in response to the coronavirus pandemic. Virginia Governor Ralph Northam announced the new regulations, which are the first workplace safety enforcement regulations specifically targeted to the COVID-19 response. The federal Occupational… UMWA, <em>et al</em>. Seeks Issuance of Emergency Temporary Standard on COVID-19 from MSHA through Mandamus Action in the U.S. Court of Appeals for the D.C. CircuitJune 25, 2020 The United Mine Workers of America, International Union and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC filed a petition for a writ of mandamus on June 15, 2020, to require the Mine Safety and Health Administration (“MSHA”) to take action in response to COVID-19. Attachment 1 The petition invokes the… APPEALS COURT AFFIRMS OSHA'S DECISION TO NOT ISSUE COVID-19 EMERGENCY TEMPORARY STANDARDJune 12, 2020 On Thursday, June 11, 2020, the D.C. Circuit Court of Appeals rejected a request by the American Federation of Labor and Congress of Industrial Organizations (“AFL-CIO”) to force the Occupational Safety and Health Administration (“OSHA”) to issue an “Emergency Temporary Standard” (“ETS”) in response to workplace safety concerns arising from the novel Coronavirus and COVID-19. In March, the AFL-CIO… OSHA Issues COVID-19 Guidance for the Construction IndustryMay 28, 2020 As part of its on-going program to provide guidance to various industries that are continuing to work through the Coronavirus pandemic, OSHA this week established a single-source webpage with coronavirus-related guidance for the construction industry. The guidance includes recommended actions for both employers and employees to reduce the risk of exposure to coronavirus at the jobsite. Throughout… OSHA Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)May 20, 2020 On Tuesday May 19, 2020, the Occupational Safety and Health Administration (OSHA) issued new enforcement guidance for areas of the country that have seen low or falling incidents of community spread of COVID-19. This guidance replaces the guidance OSHA issued in April which relaxed enforcement for certain kinds of reporting. Critically, this new guidance instructs inspectors to follow normal… COVID-19 Mine Worker Protection Act Introduced in United States SenateMay 18, 2020 On May 14, 2020, Senator Joseph Manchin, III (D-WV), along with co-sponsors, Richard Durbin (D-IL), Timothy Kaine (D-VA), Shelley Moore Capito (R-WV), Douglas Jones (D-AL), Sherrod Brown (D-OH), Mark Warner (D-VA) and Robert Casey (D-PA), introduced a Bill to require the Secretary of Labor to promulgate Emergency Temporary Standards (“ETS”) within 7 days of passage to protect miners in coal or… |
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