After a three-judge panel of the US Court of Appeals for the DC Circuit rejected an AFL-CIO request for an order requiring an emergency OSHA COVID-19 regulation, the union has petitioned for re-hearing by the entire Court. The rehearing request is pending.…

NIOSH and MSHA collaborated recently to publish more resources to mitigate miner exposure to COVID-19. The materials include a web page with guidance for staying healthy, as well as posters, all provided on both MSHA’s and the CDC’s web sites.…

While many employers consider whether and how to use COVID-19 tests of different kinds to help clear employees to return to work, the EEOC has clarified that not all tests are created equal in its eyes. Our partner, Barbara Grandjean, reports on the latest EEOC guidance.…

All bets are off as regulatory agencies are tugged in every direction in pandemic world. Normally, an election year probably would not have seen particularly aggressive enforcement or rulemaking. For a while, COVID-19 health precautions and furloughed work sites meant reduced inspection activity. But, enforcement may be picking up, and a battle over new regulations is brewing. Here’s your full update.…

After issuing in guidance in April that leaned against recording most COVID-19 cases, OSHA has now walked back that guidance somewhat. What’s the new guidance on recording your employee’s case of COVID-19? Read on.…

Despite the best of intentions to comply with the myriad of laws, orders and recommendations and to “do right” by employees while dealing with the current pandemic and recession, employers remain vulnerable to a whole host of potential COVID-19-related claims. Ever-changing guidance and return-to-work orders complicate the issues. Keeping abreast of the actual and potential legal theories being raised is key to assessing potential COVID-19-related litigation risk. Husch Blackwell issued an article alerting employers to…