Tag Archives: OSHA

OSHA Withdraws Emergency Temporary Standard Mandating Vaccination or Testing/Masking Policies for Employers with 100 or More Employees

By Guy Brenner, Laura Fant and Raymond Arroyo on January 25, 2022 Posted in Coronavirus

On January 25, 2022, OSHA filed a notice withdrawing its Emergency Temporary Standard (“ETS”). The ETS had mandated 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. As we previously reported here, on January 13, 2022, the U.S. Supreme … Continue Reading

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 January 13, 2022 Posted in Biden Administration Coverage, Coronavirus, Workplace Safety

UPDATE: On January 25, 2022, OSHA filed a notice withdrawing the Emergency Temporary Standard apart from the extent it serves as a proposed rule under the OSH Act. For more details, click here. On January 13, 2022, the U.S. Supreme Court, in a per curiam opinion, stayed OSHA’s Emergency Temporary Standard (“ETS”) mandating that employers … 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 December 18, 2021 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 November 11, 2021 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 April 21, 2021 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 March 16, 2021 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 February 1, 2021 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 November 9, 2020 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 July 22, 2020 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 July 7, 2020 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 July 1, 2020 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 June 1, 2020 Posted in Coronavirus, Workplace Safety

Amid 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 May 20, 2020 Posted in Coronavirus, Workplace Safety

On 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 January 28, 2020 Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures, Workplace Safety

*** 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 November 30, 2016 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 May 12, 2016 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 September 2, 2015 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 October 15, 2014 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 October 14, 2014 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

This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.