Law and the Workplace

Tag Archives: OSHA

U.S. Supreme Court Stays OSHA Vaccine/Testing Mandate for Employers with 100 or More Employees

By Evandro Gigante, Mark Harris, Lexie Reynolds and Raymond Arroyo on Posted in Biden Administration Coverage, Coronavirus, Workplace Safety
On January 13, 2022, the U.S. Supreme Court, in a per curiam opinion, stayed OSHA’s Emergency Temporary Standard (“ETS”) mandating that employers with 100 or more employees require all employees to be fully vaccinated against COVID-19 or to wear face coverings and undergo weekly testing. Our summary of the ETS’s requirements is available here. As we … Continue Reading

Sixth Circuit Panel Dissolves Stay of OSHA Vaccine/Testing Mandate

By Evandro Gigante, Guy Brenner, Laura M. Fant, Lexie Reynolds and Raymond Arroyo on Posted in Biden Administration Coverage, Coronavirus, Workplace Safety
UPDATE: On January 13, 2022, the U.S. Supreme Court granted applications to stay OSHA’s Emergency Temporary Standard pending review on the merits by the Sixth Circuit, and if writs of certiorari are subsequently sought to the U.S. Supreme Court, pending the Court’s disposition of such writs.  Click here to read more about the Court’s decision. On … Continue Reading

[Podcast]: A COVID-19 Employment Law Update

By Evandro Gigante and Steven Hurd on Posted in Coronavirus, The Proskauer Brief Podcast
In this episode of The Proskauer Brief, partners Evandro Gigante and Steve Hurd discuss key developments regarding the COVID-19 pandemic, including employer vaccination policies, the forthcoming OSHA emergency temporary standard and the New York State HERO Act. So be sure to tune in as we explore the latest trends we are seeing in terms of employer-imposed vaccine mandates.  … Continue Reading

OSHA Issues Guidance on Employer Recording Obligations Regarding Mandatory Vaccination Programs

By Harris Mufson and Arielle E. Kobetz on Posted in Coronavirus, Workplace Policies and Procedures
***UPDATE: On May 21, 2021, OSHA published a new FAQ establishing that employers do not need to record adverse reactions from COVID-19 vaccines on their OSHA 300 Logs, at least through May of 2022.  The enforcement position applies regardless of whether an employer requires, recommends, or incentivizes employees to receive the vaccine. On April 20, … Continue Reading

OSHA Launches New Workplace Safety Initiative and Updated Enforcement Guidance Regarding COVID-19

By Harris Mufson, Lexie Reynolds and Julia Hollreiser on Posted in Biden Administration Coverage, Coronavirus, Workplace Safety
As we previously reported, on January 21, 2021, President Biden issued an executive order aimed at increasing COVID-19 workplace safety measures at the federal level. In response to President Biden’s directive, OSHA announced on March 12, 2021 the launch of a national emphasis program (“NEP”) to focus its enforcement efforts on employers that put the … Continue Reading

OSHA Issues New Workplace Safety Guidance Regarding COVID-19

By Harris Mufson, Lexie Reynolds and Heylee Bernstein on Posted in Biden Administration Coverage, Coronavirus, Workplace Safety
As we previously reported, last week President Biden directed the Secretary of Labor to issue revised guidance to employers on workplace safety during the COVID-19 pandemic. In response to that directive, OSHA issued what the DOL described as “stronger” worker safety guidance to advise employers during the COVID-19 pandemic. OSHA’s newest guidance, titled “Protecting Workers: … Continue Reading

New York Court Dismisses Amazon Workers’ COVID-19 Health and Safety Claims

By Arielle E. Kobetz, Evandro Gigante and Heylee Bernstein on Posted in Coronavirus, Litigation and Arbitration, Workplace Policies and Procedures, Workplace Safety
*** UPDATE: On November 24, 2020, the Plaintiffs in Palmer, et al. v. Amazon.Com, Inc., et al. filed a notice of appeal. The Plaintiffs appealed Judge Cogan’s order dismissing the case to the Second Circuit. We will continue to monitor this case and provide updates. *** On November 2, 2020, the Eastern District of New … Continue Reading

OSHA Issues Second Set of Coronavirus-Related Citations

By Lexie Reynolds and Harris Mufson on Posted in Coronavirus, Workplace Safety
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has now issued its second set of coronavirus-related citations, this time against an Ohio health-care company.  OSHA inspected three of the company’s nursing facilities from April to June after the company reported the coronavirus-related hospitalization of seven employees.  On July 21, 2020, OSHA announced … Continue Reading

OSHA Releases Additional FAQs Regarding Returning to the Workplace: What Employers Need to Know

By Lexie Reynolds, Heylee Bernstein and Harris Mufson on Posted in Coronavirus, Workplace Safety
The Occupational Safety and Health Administration (OSHA) published additional frequently asked questions regarding returning to the workplace during the COVID-19 pandemic on Thursday. We reported on OSHA’s earlier posted FAQs here. Though the FAQs do not impose any new legal requirements, employers should be aware of OSHA’s recommendations as workplaces around the country continue to … Continue Reading

OSHA Releases Guidance on Reopening Workplaces

By Lexie Reynolds, Heylee Bernstein and Harris Mufson on Posted in Coronavirus, Workplace Safety
On June 18, OSHA issued non-binding guidance to help employers safely reopen non-essential businesses and facilitate their employees’ return to work during the COVID-19 pandemic. The guidance focuses on employers implementing strategies for five main aspects of the workplace: basic hygiene, social distancing, identification and isolation of sick employees, workplace controls and flexibilities, and employee … Continue Reading

Top Three Takeaways from OSHA Chief’s Testimony Regarding OSHA Enforcement During the COVID-19 Pandemic

By Lexie Reynolds, Alex Downie and Harris Mufson on Posted in Coronavirus, Workplace Safety
OSHA logoAmid growing criticism of the agency’s response to the COVID-19 pandemic, OSHA’s Principal Deputy Assistant Secretary, Loren E. Sweatt (“Sweatt”), testified before the House Education and Labor Committee’s Workforce Protections Subcommittee last Wednesday during which she defended the agency’s actions to protect worker safety during the pandemic. Below, we discuss the top three takeaways from … Continue Reading

OSHA Updates Guidance Regarding COVID-19 Recordkeeping Requirements

By Arielle E. Kobetz, Caroline Guensberg, Harris Mufson and Scott Tan on Posted in Coronavirus, Workplace Safety
OSHA logoOn May 19, 2020, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued a memorandum updating previous guidance regarding employers’ obligation to record cases of COVID-19 in the workplace. On May 26, 2020, the previous guidance will be rescinded and OSHA’s updated guidance will go into effect, the key provisions of which are … Continue Reading

Coronavirus and the Workplace: What Employers Need To Know

By Evandro Gigante, Guy Brenner, Laura Fant, Nayirie K. Mehdikhani and Alex Downie on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures, Workplace Safety
Coronovirus*** Last Updated: March 13, 2020 *** News that cases of the newly-identified 2019 Novel Coronavirus (also referred to as COVID-19, 2019-nCoV, or SARS-CoV-2, but more commonly known simply as the “Coronavirus”) continue to spread has prompted employers to think about employee safety and ways to address prevention in the workplace, as well as planning … Continue Reading

Federal Court Denies Motion For Preliminary Injunction Of Anti-Retaliation Provisions of OSHA Reporting Rule

By Daniel Davis and Steven Hurd on Posted in Workplace Policies and Procedures
Yesterday, a federal judge denied a preliminary injunction filed by several businesses and business groups regarding the anti-retaliation portion of OSHA’s final rule regarding injury and illness reporting.  As previously discussed in this blog, the final rule generally requires employers to submit certain injury and illness information electronically.  The final rule also enhances anti-retaliation protections … Continue Reading

OSHA Issues Final Rule Regarding Injury and Illness Reporting

By Daniel Davis and Steven Hurd on Posted in Workplace Policies and Procedures
Yesterday, OSHA issued its long-anticipated final rule regarding injury and illness reporting. The final rule generally requires employers to submit electronically certain injury and illness information. OSHA will place that information on an online searchable database. The final rule also enhances anti-retaliation protections regarding reporting injuries and illnesses in the workplace. OSHA originally proposed the rule in 2013. The proposed … Continue Reading

Addressing and Preventing Workplace Violence

By Katharine Parker and Rachel Fischer on Posted in Workplace Policies and Procedures
The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have questions about what they can do to help prevent workplace violence. The Occupational Safety and Health Act (OSHA) requires employers to maintain … Continue Reading

New News on Ebola May Require Changes in Employer Procedures

By Katharine Parker on Posted in Workplace Policies and Procedures
New news reports on Ebola, both about the epidemic in West Africa and new details about the health care workers in Dallas who have been infected, have heightened employer concerns.  Today Andrew Morse of the Wall Street Journal reported that the World Health Organization (WHO) is predicting that as many as 10,000 new cases a week … Continue Reading

Protecting Healthcare and Other Employees From Ebola

By Herschel Goldfield, Katharine Parker and Richard Zall on Posted in Workplace Policies and Procedures
News that a  U.S. based health-care worker in Dallas has contracted Ebola while caring for a patient with the disease has raised questions about the protections that health care facilities and other employers must provide for workers who might be exposed to Ebola.  I asked my health care law colleagues Herschel Goldfield, Senior Counsel in Proskauer’s … Continue Reading
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