On January 13, 2022, the United States Supreme Court issued its highly anticipated decision blocking the Biden administration from enforcing an Occupational Safety and Health Administration (“OSHA”) rule mandating vaccine-or-testing for large businesses.
Continue Reading Supreme Court Blocks Enforcement of OSHA Vaccine-or-Testing Mandate

Several updates related to COVID-19 vaccination mandates occurred this week at the federal and local levels.  On December 17, the Sixth U.S. Circuit Court of Appeals lifted the stay on the federal government’s mandate that employees of covered employers receive a COVID-19 vaccination or undergo weekly testing.  The Occupational Safety and Health Administration (“OSHA”) will begin enforcing the previously stayed Emergency Temporary Standard (“ETS”) on January 10, 2022.
Continue Reading Hello Again: OSHA’s COVID 19 Vaccination Mandate for Private Employers is Back, and NYC has Its Own

On January 21, 2021, President Biden issued an Executive Order on Protecting Worker Health and Safety. The order directed the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the workplace. On June 10, 2021, OSHA announced a highly-anticipated Emergency Temporary Standard (ETS) setting forth steps that employers in the healthcare industry must take to protect workers from COVID-19 risks while the pandemic is ongoing. The ETS will become effective 14 days after it is formally published in the Federal Register.
Continue Reading OSHA Announces COVID-19 Emergency Temporary Standard for Healthcare Industry

On January 29, 2021, OSHA posted new guidance intended to inform employers and workers in identifying risks of exposure to COVID-19.  The new guidance applies to industries outside of healthcare.  OSHA previously issued separate guidance applicable to healthcare and emergency response.  The guidance does not create any new legal requirements or obligations, but is advisory only.  OSHA intends for the guidance to assist employers with planning.
Continue Reading OSHA Issues New Guidance on COVID-19

We have seen a significant number of OSHA investigations in recent weeks in response to reports of employee deaths and illnesses due to COVID-19.  In the height of the pandemic, employers, including nursing homes, were unclear regarding their obligations to report employee incidents of COVID-19 to OSHA due to the difficulty in determining whether such cases were “work-related.”  Below we have outlined OSHA’s reporting requirements and expectations regarding investigations into whether COVID cases are work-related, as well as some practices in responding to OSHA investigations.  Going forward, we encourage employers to ensure they are meeting OSHA requirements and are prepared to timely respond to requests for information as penalties for such violations can be significant.
Continue Reading OSHA Investigations and Employee Deaths and Cases of COVID-19

If you are reading this post, you already know about SARS-CoV-2, the virus which causes coronavirus disease 2019 (“COVID-19”), or, coronavirus.  There is no shortage of news to absorb and guidance to implement.  Federal, state (CT, MA, NY), and local (Boston, Hartford, New Haven, New