OSHA’s Proposed Permanent COVID-19 Standard for Healthcare Nears the Finish Line

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

OSHA’s Permanent COVID-19 Rule for Healthcare – OIRA Meetings and Next Steps

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

A Status Update About OSHA’s Rulemaking For a Permanent COVID-19 Rule for Healthcare

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

Update on the Timeline for OSHA to Finalize the Permanent COVID Rule for Healthcare

It’s been a while since our last update about OSHA’s rulemaking for the permanent COVID-19 rule for healthcare, which is very good news.  It was always a possibility that by the time OSHA got around to finalizing and issuing its permanent COVID-19 regulation that the pandemic would be in such a state that it would … Continue reading Update on the Timeline for OSHA to Finalize the Permanent COVID Rule for Healthcare

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

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)

Update on OSHA’s COVID Emergency Rule for Healthcare – And How It Affects the Vaccinate-or-Test ETS

By Conn Maciel Carey’s COVID-19 Task Force Last week, on December 27th, OSHA announced the withdrawal of most of its COVID-19 ETS for Healthcare, which was the first of the two COVID-19 emergency temporary standards OSHA issued in the first year of the Biden Administration. This Healthcare ETS was issued back in June 2021 in response … Continue reading Update on OSHA’s COVID Emergency Rule for Healthcare – And How It Affects the Vaccinate-or-Test ETS

Is Your Workplace Covered by Fed OSHA’s New COVID-19 ETS for Healthcare?

By Conn Maciel Carey’s COVID-19 Task Force Nearly 16 months after the pandemic began, federal OSHA revealed its COVID-19 Emergency Temporary Standard (the ETS) that imposes a series of requirements on healthcare employers.  While OSHA’s issuance of an ETS comes as no surprise to many who have been tracking the agency since Pres. Biden’s inauguration, … Continue reading Is Your Workplace Covered by Fed OSHA’s New COVID-19 ETS for Healthcare?

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

OSHA Withdraws Its Vaccinate-or-Test ETS, But Continues Rulemaking for Two Permanent COVID-19 Rules

By Conn Maciel Carey LLP’s COVID-19 Task Force Earlier today, January 26, 2022, OSHA published in the Federal Register a Notice of Withdrawal of its COVID-19 Vaccination, Testing, and Face Covering ETS.  After the Supreme Court’s January 13th decision in Nat’l Fed’n of Indep. Bus. v. Dep’t of Labor reinstituting the Stay of the ETS, the … Continue reading OSHA Withdraws Its Vaccinate-or-Test ETS, But Continues Rulemaking for Two Permanent COVID-19 Rules

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]

Conn Maciel Carey LLP Launches Michigan Office With the Addition of Acclaimed OSHA Defense Attorney Valerie Butera

Conn Maciel Carey LLP (CMC), a Washington, D.C.-based boutique law firm with national practices in workplace safety (OSHA and MSHA), labor and employment, and litigation, is pleased to announce the opening of a Detroit Metro Area, Michigan office and the addition of Senior Counsel, Valerie Butera. Ms. Butera is among a group of only twenty-five … Continue reading Conn Maciel Carey LLP Launches Michigan Office With the Addition of Acclaimed OSHA Defense Attorney Valerie Butera

2023 OSHA Rulemaking and Standards Priorities [Webinar Recording]

On Thursday, May 18, 2023, Kate McMahon, Lindsay DiSalvo and Beeta Lashkari presented a webinar regarding The Latest on the Rulemaking Agenda for OSHA Under the Biden Administration. As we move into the second half of President Biden’s first term, OSHA is turning up the heat on the rulemaking gears. The next two years may see the most … Continue reading 2023 OSHA Rulemaking and Standards Priorities [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

Fed OSHA’s COVID-19 ETS: What You Need to Know About Health Screening and Medical Management

By Conn Maciel Carey’s COVID-19 Task Force Today’s topic on the Fed OSHA COVID-19 ETS is health screening and medical management. 29 C.F.R. Section 1910.502(l) sets forth employee screening, employer/employee notification, medical removal, medical removal protection benefits, and return-to-work requirements.  This summary describes those requirements of the ETS. A. Employee Screening Employers have discretion in choosing … Continue reading Fed OSHA’s COVID-19 ETS: What You Need to Know About Health Screening and Medical Management

Federal OSHA to Issue Another COVID-19 Emergency Temporary Standard Setting a “Soft” Vaccine-Mandate

By Conn Maciel Carey’s COVID-19 Taskforce On September 9, 2021, President Biden charged federal OSHA with developing a second emergency temporary standard (ETS) requiring all but small employers in all industries but healthcare to implement “soft” vaccine mandates, i.e., to require employees to either be fully vaccinated or get weekly COVID-19 testing.  The President directed … Continue reading Federal OSHA to Issue Another COVID-19 Emergency Temporary Standard Setting a “Soft” Vaccine-Mandate

Update on Fed OSHA’s COVID-19 Vaccination and Testing Emergency Rulemaking

By Conn Maciel Carey LLP’s COVID-19 Task Force Although it has only been 10 days since OSHA delivered a proposed COVID-19 Vaccination and Testing emergency temporary standard (ETS) to the White House’s Office of Management and Budget (OMB), a lot has happened.  We have seen bizarre attempts by groups of individuals to try to muck … Continue reading Update on Fed OSHA’s COVID-19 Vaccination and Testing Emergency Rulemaking

[Bonus Webinar] Fed OSHA’s 2nd COVID-19 Emergency Temporary Standard: Vaccine and Testing Mandates

Join attorneys from Conn Maciel Carey LLP’s COVID-19 Task Force on Fri., Sept. 17th at 1 PM ET for a webinar reviewing OSHA’s 2nd COVID-19 emergency rulemaking focused on vaccine and testing mandates for many US employers. On Sept. 9th, Pres. Biden revealed a new COVID-19 Action Plan with one of several key goals to “Vaccinate the Unvaccinated.” The most … Continue reading [Bonus Webinar] Fed OSHA’s 2nd COVID-19 Emergency Temporary Standard: Vaccine and Testing Mandates

Fed OSHA’s COVID-19 ETS: What You Need to Know About Vaccination, and Patient Screening & Management

By Conn Maciel Carey’s COVID-19 Task Force Today’s topics on the Fed OSHA COVID-19 ETS are vaccination, and patient screening and management. Vaccination 29 C.F.R. Section 1910.502(m) requires that all employers covered by the ETS support COVID-19 vaccination for each employee.  This summary describes the vaccination requirements of the ETS. To support COVID-19 vaccination, employers must … Continue reading Fed OSHA’s COVID-19 ETS: What You Need to Know About Vaccination, and Patient Screening & Management

CDC Drops Mask and Distancing Requirements for Fully Vaccinated Individuals — What About the Workplace?

By Conn Maciel Carey’s COVID-19 Task Force By now you have likely heard the big news that yesterday, May 13th, the CDC updated guidance related to masks and physical distancing for individuals who are fully vaccinated (i.e., two weeks after receiving a single-dose vaccine or after the second dose in a two-dose series).  Specifically, in … Continue reading CDC Drops Mask and Distancing Requirements for Fully Vaccinated Individuals — What About the Workplace?

OSHA Grants Request to Extend the Comment Period for the Proposed Amended E-Recordkeeping Rule

By Eric J. Conn, Chair of CMC’s National OSHA Practice On March 30th, OSHA published a proposal to dramatically expand the requirements of its Improve Tracking of Workplace Injuries and Illnesses Rule (aka the E-Recordkeeping Rule).  Read our full article here for more information about the history of E-Recordkeeping, the new proposed amendments to the E-Recordkeeping … Continue reading OSHA Grants Request to Extend the Comment Period for the Proposed Amended E-Recordkeeping Rule

Fed OSHA’s COVID-19 ETS: What You Need to Know About Cleaning and Disinfecting

By Conn Maciel Carey’s COVID-19 Task Force Today’s topic is cleaning and disinfecting…when cleaning/disinfecting is required and what needs to be cleaned/disinfected. 29 C.F.R. Section 502(j) of the ETS establishes the cleaning and disinfecting requirements that must be implemented at covered facilities. This summary describes these requirements. In patient care areas, resident rooms, and for medical … Continue reading Fed OSHA’s COVID-19 ETS: What You Need to Know About Cleaning and Disinfecting

OSHA’s Vaccinate-or-Test ETS in the Hands of the Supreme Court

By Conn Maciel Carey LLP’s COVID-19 Task Force As we shared over the weekend, at 6:50 PM on Friday night (December 17th), a three-judge panel at the US Court of Appeals for the Sixth Circuit dissolved the nationwide stay of OSHA’s Vaccinate-or-Test ETS that had been issued in early November by the Fifth Circuit.  That … Continue reading OSHA’s Vaccinate-or-Test ETS in the Hands of the Supreme Court

[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

Fed OSHA Updates Its COVID-19 Workplace Guidance – Realigns with CDC on Masks for Vaccinated Workers

By Conn Maciel Carey’s COVID-19 Task Force As we predicted a few week ago, following in CDC’s footsteps, on Friday of last week (August 13, 2021), OSHA updated its primary COVID-19 guidance for non-healthcare employers – Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace to embraces CDC’s updated mask recommendations … Continue reading Fed OSHA Updates Its COVID-19 Workplace Guidance – Realigns with CDC on Masks for Vaccinated Workers