By Megan S. Shaked and Andrew J. Sommer On December 15, the California Occupational Safety and Health Standards Board voted 6-1 to adopt the COVID-19 Prevention Non-Emergency Regulations. The Non-Emergency Rule was proposed to replace the Cal/OSHA COVID-19 Emergency Temporary Standard, which has been in effect in four different versions since November 30, 2020 and … Continue reading Cal/OSHA COVID-19 Non-Emergency Rule Is Adopted
By Eric J. Conn and Beeta B. Lashkari Per our update last month, on December 8, 2022, OSHA delivered to the White House’s Office of Management and Budget (OMB) a proposed final rule for “Occupational Exposure to COVID-19 in Healthcare Settings.” On behalf of our Employers COVID-19 Prevention Coalition, we secured three stakeholder meetings with … Continue reading OSHA’s Permanent COVID-19 Rule for Healthcare – OIRA Meetings and Next Steps
Conn Maciel Carey’s COVID-19 Task Force Thankfully, it has been quite a while since our last COVID-19 rulemaking update. As you will recall, OSHA reopened its rulemaking record for the COVID-19 Rule for Healthcare on March 22, 2022, and then on April 22nd, we submitted three sets of written comments on behalf of the Employers … Continue reading OSHA’s Proposed Permanent COVID-19 Standard for Healthcare Nears the Finish Line
In major news yesterday, Governor Newsom announced that California’s COVID-19 State of Emergency will end on February 28, 2023. See the following excerpts from the governor’s press release: “With hospitalizations and deaths dramatically reduced due to the state’s vaccination and public health efforts, California has the tools needed to continue fighting COVID-19 when the State of Emergency terminates at the … Continue reading Governor Newsom to End COVID-19 State of Emergency, While Standards Board Marches On
By Andrew Sommer and Megan Shaked In July 2022, the California Division of Occupational Safety and Health (Cal/OSHA) revealed a proposed Permanent COVID-19 regulation. The draft permanent rule is intended to replace the current version of the COVID-19 Emergency Temporary Standard (ETS) that is set to expire at the end of 2022. Here is a link to … Continue reading Cal/OSHA Moves Closer to Issuing Its COVID-19 Non-Emergency Standard
Last month, the California Division of Occupational Safety and Health (Cal/OSHA) revealed a proposed Permanent COVID-19 regulation. The draft permanent rule is intended to replace the current version of the COVID-19 Emergency Temporary Standard (ETS) that is set to expire at the end of 2022. Here is a link to the agency’s draft regulatory text for the permanent rule. … Continue reading Comment Period Set for Cal/OSHA’s Permanent COVID-19 Rule
By Conn Maciel Carey’s COVID-19 Task Force Thankfully, it has been quite a while since there has been a material update to discuss on the COVID-19 front. Except for those of you in the healthcare space, things continue to be pretty quiet at OSHA on that front, but as I am sure you all have … Continue reading CDC Updates Its COVID-19 Guidance – But Still No Word From OSHA
By Kara M. Maciel and Ashley D. Mitchell As COVID-19 infections continue to climb, the EEOC rolled back its guidance that COVID-19 viral screening tests conducted by employers is always permissive under the Americans with Disabilities Act (“ADA”). The updated guidance requires employers to weigh a host of factors and determine whether COVID-19 viral screening is “job-related and consistent with … Continue reading What Does the EEOC’s Updated COVID-19 Testing Guidance Mean for Employers
By Andrew J. Sommer Cal/OSHA has used up all of its “re-adoptions” of its COVID-19 Emergency Temporary Standard, so if COVID-19 regulatory requirements are to remain in effect in California into 2023, the Cal/OSHA Standards Board will need to adopt a “Permanent” COVID-19 rule. At a meeting of the Cal/OSH Standards Board last week, the … Continue reading Cal/OSHA Reveals a Draft of Its Proposed “Permanent” COVID-19 Regulation
By Conn Maciel Carey LLP’s COVID-19 Task Force In case anyone has forgotten, there are still a few COVID-19 vaccine mandates out there that the Supreme Court has not struck down. There are the federal employee and military vaccine mandates, and for private employers, the federal contractor vaccine-mandate. The federal contractor mandate arose from Pres. … Continue reading New Twist in the Federal Contractor COVID-19 Vaccine-Mandate Saga
By Eric J. Conn, Chair, Conn Maciel Carey’s national OSHA Practice In the June/July issue of Tank Storage Magazine, Eric J. Conn, Founding Partner and Chair of Conn Maciel Carey LLP’s OSHA • Workplace Safety Practice Group, looks at recent changes in OSHA’s regulatory policies in the article, “OSHA’S Top Regulatory Priorities…Other than COVID-19.” Here … Continue reading OSHA’S Top Regulatory Priorities… Other than COVID-19
By Conn Maciel Carey LLP’s COVID-19 Task Force On Tuesday, March 8th, OSHA announced a major COVID-19 enforcement blitz in the healthcare industry that will last for the next three months. OSHA issued an enforcement memorandum announcing the enforcement program, which OSHA is referring to as a major “saturation effort,” to ensure that hospitals and others … Continue reading BREAKING – OSHA Launches New COVID-19 Enforcement Blitz for Healthcare Employers
On Thursday, February 10, 2022 at 1 p.m. EST, join Eric J. Conn, Kate McMahon, Aaron Gelb and Amanda Strainis-Walker for a webinar regarding OSHA’s COVID-19 Emergency and Permanent Standards and Enforcement. As US employers grapple with the latest surge of COVID-19 cases from the Omicron variant, they are also left to grapple with uncertainty … Continue reading [WEBINAR] OSHA’s COVID-19 Emergency and Permanent Standards and Enforcement
By Eric J. Conn and Beeta B. Lashkari We wanted to provide a little status report about OSHA’s quiet rulemaking for a permanent COVID-19 Standard for Healthcare. A few weeks ago, at the ABA WOSH Committee Midwinter meeting, multiple senior Department of Labor officials, including Doug Parker (Head of OSHA) and Seema Nanda (the Solicitor … Continue reading A Status Update About OSHA’s Rulemaking For a Permanent COVID-19 Rule for Healthcare
By Conn Maciel Carey LLP’s COVID-19 Task Force Last Wednesday (February 16th), at the direction of Virginia’s new Governor, Virginia OSHA’s Safety and Health Codes Board voted to withdraw VOSH’s COVID-19 Regulation. The Board’s vote came after VOSH recommended that COVID-19 no longer constituted a “grave danger,” the legal showing required to justify an emergency rule. … Continue reading VOSH Begins the Process of Withdrawing its “Permanent” COVID-19 Rule
On Thursday, February 10, 2022, Eric J. Conn, Kate McMahon, Aaron Gelb and Amanda Strainis-Walker presented a webinar regarding OSHA’s COVID-19 Emergency and Permanent Standards and Enforcement. As US employers grapple with the latest surge of COVID-19 cases from the Omicron variant, they are also left to grapple with uncertainty following the Supreme Court’s decision to reinstitute a Stay … Continue reading OSHA’s COVID-19 Emergency and Permanent Standards and Enforcement [Webinar Recording]
By Conn Maciel Carey’s COVID-19 Task Force Under the direction of then-Democratic Governor Ralph Northam, the Commonwealth of Virginia was the very first U.S. State to implement a broad, all-industry programmatic COVID-19 emergency temporary standard (“ETS”) way back in July 2020. Through all the fits and starts with federal OSHA’s COVID-19 rulemaking, VOSH’s COVID-19 regulation … Continue reading Virginia OSHA Rescinds Its “Permanent” COVID-19 Rule and Introduces New Workplace Guidance
By Megan S. Shaked Now that Cal/OSHA’s Third Readoption of the COVID-19 Emergency Temporary Standard is in effect, the agency has updated its Frequently Asked Questions to reflect those revisions effective May 6, 2022. (See our previous blog articles regarding the revisions in the Third Readoption and the Board vote to approve the readoption.) Many of the updated FAQs simply reflect … Continue reading Cal/OSHA Updates FAQS Following Third Readoption of COVID-19 Emergency Temporary Standard
On Thursday, April 7, 2022 at 1 p.m. ET, join Andrew J. Sommer and Lindsay A. DiSalvo for a webinar regarding Religious and Disability Accommodations in Response to COVID-19 Mandates. Employee requests for medical and/or religious accommodations in the workplace are not new. However, never before have these accommodation requests been such a hot-button topic, … Continue reading [Webinar] Religious and Disability Accommodations in Response to COVID-19 Mandates
Block your calendars and make sure you join us on Thursday, January 20th at 3 PM ET for a very special bonus event in Conn Maciel Carey’s 2022 OSHA Webinar Series in the form of a panel webinar program regarding OSHA COVID-19 Regulation and Enforcement After the Supreme Court Stayed the Vaccinate-or-Test ETS. Presented by … Continue reading [Panel Webinar] OSHA COVID-19 Regulation and Enforcement Post-Supreme Court
On Thursday, January 20, 2022 we hosted a special bonus event in Conn Maciel Carey’s 2022 OSHA Webinar Series in the form of a panel webinar program regarding OSHA COVID-19 Regulation and Enforcement After the Supreme Court Stayed the Vaccinate-or-Test ETS. Presented by Conn Maciel Carey LLP with Special Guests Neal Katyal and Jordan Barab In this exclusive, bonus … Continue reading OSHA COVID-19 Regulation and Enforcement Post-Supreme Court [Webinar Recording]
On Thursday, April 7, 2022, Andrew J. Sommer and Lindsay A. DiSalvo presented a webinar regarding Religious and Disability Accommodations in Response to COVID-19 Mandates. Employee requests for medical and/or religious accommodations in the workplace are not new. However, never before have these accommodation requests been such a hot-button topic, nor have these accommodation requests been used so frequently (and … Continue reading Religious and Disability Accommodations in Response to COVID-19 Mandates [Webinar Recording]
By Conn Maciel Carey LLP’s COVID-19 Task Force After OSHA just recently initiated a three-month COVID-19 focused enforcement blitz targeting the healthcare industry, earlier this week, on March 22nd, OSHA announced that it has officially reopened the rulemaking record for a “permanent” COVID-19 standard applicable to the healthcare industry, and perhaps now some industries tangentially related … Continue reading BREAKING – OSHA Reopens Rulemaking for a Permanent COVID-19 Standard for Healthcare (Expanded Scope)
On Wednesday, June 16, 2021, Conn Maciel Carey’s national OSHA Practice presented a webinar regarding Federal OSHA’s New COVID-19 ETS Standard and Updated COVID-19 Workplace Guidance. On June 10th, federal OSHA finally revealed its much anticipated COVID-19 Emergency Temporary Standard (ETS), but rather than a rule applicable to all industries, OSHA developed a regulation that … Continue reading Federal OSHA’s New COVID-19 ETS Standard and Updated COVID-19 Workplace Guidance [Webinar Recording]
By Conn Maciel Carey LLP’s COVID-19 Task Force It has been a real adventure trying to track all the different legal challenges in so many different courts to President Biden’s various different executive actions related to vaccination. While the fate of the OSHA Vaccinate-or-Test ETS (dead) and the CMC Healthcare Vaccine-Mandate (very much alive) are essentially … Continue reading The Latest with Pres. Biden’s Federal Contractor COVID-19 Vaccine-Mandate Executive Order
