Comment Period Set for Cal/OSHA’s Permanent COVID-19 Rule

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

Cal/OSHA Reveals a Draft of Its Proposed “Permanent” COVID-19 Regulation

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

[WEBINAR] OSHA’s COVID-19 Emergency and Permanent Standards and Enforcement

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

What Does the EEOC’s Updated COVID-19 Testing Guidance Mean for Employers

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

CDC Updates Its COVID-19 Guidance – But Still No Word From OSHA

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

Cal/OSHA Moves Closer to Issuing Its COVID-19 Non-Emergency Standard

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

BREAKING – OSHA Launches New COVID-19 Enforcement Blitz for Healthcare Employers

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

OSHA’S Top Regulatory Priorities… Other than COVID-19

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

Governor Newsom to End COVID-19 State of Emergency, While Standards Board Marches On

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

OSHA’s COVID-19 Emergency and Permanent Standards and Enforcement [Webinar Recording]

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]

VOSH Begins the Process of Withdrawing its “Permanent” COVID-19 Rule

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

Federal OSHA’s New COVID-19 ETS Standard and Updated COVID-19 Workplace Guidance [Webinar Recording]

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]

Virginia OSHA Rescinds Its “Permanent” COVID-19 Rule and Introduces New Workplace Guidance

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

[Webinar] Federal OSHA’s New COVID-19 Emergency Temporary Standard and Updated COVID-19 Workplace Guidance

On Wednesday, June 16, 2021 at 1:00 p.m. ET, join Conn Maciel Carey’s national OSHA Practice for a webinar regarding Federal OSHA’s New COVID-19 ETS 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 … Continue reading [Webinar] Federal OSHA’s New COVID-19 Emergency Temporary Standard and Updated COVID-19 Workplace Guidance

New Twist in the Federal Contractor COVID-19 Vaccine-Mandate Saga

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

[Panel Webinar] OSHA COVID-19 Regulation and Enforcement Post-Supreme Court

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

OSHA COVID-19 Regulation and Enforcement Post-Supreme Court [Webinar Recording]

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]

[Webinar] Religious and Disability Accommodations in Response to COVID-19 Mandates

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

Cal/OSHA Updates FAQS Following Third Readoption of COVID-19 Emergency Temporary Standard

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

Fed OSHA’s COVID-19 ETS: What You Need to Know About Hazard Assessments and COVID-19 Plans

By Conn Maciel Carey’s COVID-19 Task Force Many of you are likely knee-deep in ensuring that your facilities are in compliance with the various components of OSHA’s new Emergency Temporary Standard, with the July 6th compliance deadline nearly upon us.  Our CMC COVID-19 Taskforce has reviewed all 1,000+ pages of OSHA’s ETS and supporting documentation and … Continue reading Fed OSHA’s COVID-19 ETS: What You Need to Know About Hazard Assessments and COVID-19 Plans

Religious and Disability Accommodations in Response to COVID-19 Mandates [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]

BREAKING – OSHA Reopens Rulemaking for a Permanent COVID-19 Standard for Healthcare (Expanded Scope)

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)

In Lieu of a COVID-19 ETS Applicable to All Industries, Fed OSHA Updated Its COVID-19 Guidance

By Conn Maciel Carey’s COVID-19 Task Force On June 10th, Fed OSHA revealed its much anticipated (or dreaded) COVID-19 Prevention Emergency Temporary Standard, but rather than a rule applicable to all industries, OSHA issued a regulation narrowly tailored only to certain healthcare settings. So what does that mean for all other employers?  For everyone else, … Continue reading In Lieu of a COVID-19 ETS Applicable to All Industries, Fed OSHA Updated Its COVID-19 Guidance

Cal/OSHA Standards Board to Consider Revised COVID-19 Emergency Rule for Re-adoption

The Cal/OSHA Standards Board has issued a revised draft of the COVID-19 Emergency Temporary Standard (ETS) for a second re-adoption.  This draft shows in underlined text the latest proposed changes from the current emergency regulation (not the October draft text discussed in our prior blog post).  The second re-adoption of the ETS, if adopted, will be effective from … Continue reading Cal/OSHA Standards Board to Consider Revised COVID-19 Emergency Rule for Re-adoption

FAQs About OSHA’s COVID-19 Vaccination, Testing, and Face Coverings Emergency Temporary Standard

By Conn Maciel Carey’s COVID-19 Task Force In a Friday night surprise (December 17th), the US Court of Appeals for the Sixth Circuit dissolved the nationwide stay of OSHA’s Vaccination, Testing, and Face Coverings ETS, so the ETS is alive and well (unless the U.S. Supreme Court puts it back on ice).  Accordingly, it is … Continue reading FAQs About OSHA’s COVID-19 Vaccination, Testing, and Face Coverings Emergency Temporary Standard