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…

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) meets one or more of the general recording criteria described in 29 CFR 1904.7 such as, a) results in an…

On April 9, 2021, the White House issued a press release announcing its nomination of Douglas Parker (Parker) for the position of Assistant Secretary for the Occupational and Health Administration (OSHA). Parker is currently the chief of California’s Division of Occupational Safety and Health (Cal/OSHA) and has held the position since 2019. Prior to 2019, he was a member of the Biden-Harris transition team, focusing on worker health and safety issues, and during the Obama…

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 employees who report or complain about unsafe working environments. In conjunction with the NEP, OSHA also issued an updated Interim …

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.…

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…