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

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

Oregon Requires Employers to Verify Vaccination Status of Third Parties

By Conn Maciel Carey’s COVID-19 Task Force On May 19, Oregon OSHA issued a Statement Regarding Vaccination Status in Relation to Oregon’s Facial Covering and Social Distancing Requirements in which it advises that employers may discontinue enforcing face covering and physical distancing requirements as to employees and/or visitors (which apparently includes customers) only if the employer … Continue reading Oregon Requires Employers to Verify Vaccination Status of Third Parties

CDC Relaxes Face Covering and Distancing Guidelines

By Conn Maciel Carey LLP’s COVID-19 Task Force As governors and big city mayors across the country have been allowing indoor masking mandates to expire over the last few weeks, last Friday, February 25th, the CDC unveiled a brand new approach to assessing COVID-19 risks and setting mask and distancing recommendations.   The CDC’s old tool, … Continue reading CDC Relaxes Face Covering and Distancing Guidelines

Fed OSHA’s COVID-19 ETS: What You Need to Know About Ventilation

By Conn Maciel Carey’s COVID-19 Task Force Today’s topic on the Fed OSHA COVID-19 ETS is ventilation. Ventilation 29 C.F.R. Section 1910.502(k) establishes ventilation requirements for covered facilities.  This summary describes the standard’s requirements for ventilation. The ventilation provisions of the ETS do not require employers to purchase new HVAC systems or to reconfigure existing duct … Continue reading Fed OSHA’s COVID-19 ETS: What You Need to Know About Ventilation

How Employers Should Respond to the 2019 Novel Coronavirus Outbreak

By Conn Maciel Carey’s COVID-19 Task Force The 2019 Novel Coronavirus (“2019-nCoV” or “coronavirus”) is a respiratory illness that, with its spread to the United States, is raising important issues for employers.  This guide explains the outbreak, the legal implications of it, and how employers should be responding now to employees who might have the … Continue reading How Employers Should Respond to the 2019 Novel Coronavirus Outbreak

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] Sixth Circuit Rescinds Stay of OSHA’s Vaccinate-or-Test Emergency Temporary Standard

By Conn Maciel Carey’s COVID-19 Task Force We apologize for interrupting what we hoped be a quiet, pre-holiday weekend for everyone, but we have very important and time sensitive news to share about the status of OSHA’s Vaccination, Testing, and Face Coverings Emergency Temporary Standard (ETS).  It was a very busy Friday night for everyone … Continue reading [BREAKING] Sixth Circuit Rescinds Stay of OSHA’s Vaccinate-or-Test Emergency Temporary Standard

Fed OSHA Issues Updated COVID-19 Guidance, As Mandated by Pres. Biden’s Day 1 OSHA Executive Order

By Conn Maciel Carey’s COVID-19 Task Force As we shared earlier this month, President Biden’s Day 1 OSHA Executive Order On Protecting Workers from COVID-19, directed federal OSHA to take 3 key actions: issue new COVID-19 guidance to protect workers within 2 weeks; consider whether to issue a COVID-19 emergency temporary standard (and to do … Continue reading Fed OSHA Issues Updated COVID-19 Guidance, As Mandated by Pres. Biden’s Day 1 OSHA Executive Order

CDC Updates Mask Recommendations for Fully Vaccinated Individuals

By Conn Maciel Carey’s COVID-19 Task Force We have an unfortunate update to share out of the CDC yesterday, July 27, 2021.  Short story, do not throw away your “Masks Required” signs. What Did the CDC Change About Mask Recommendations? In the afternoon of Tuesday, July 27th, the CDC updated its “Interim Public Health Recommendations for … Continue reading CDC Updates Mask Recommendations for Fully Vaccinated Individuals

Fed OSHA’s COVID-19 ETS: What You Need to Know About Training

By Conn Maciel Carey’s COVID-19 Task Force Today’s topic on the Fed OSHA COVID-19 ETS is training. Training: 29 C.F.R. Section 1910.502(n) requires that all employers covered by the ETS provide training to their employees.  To the extent that the employer has already provided training and that training is compliant with the standard, the employer does … Continue reading Fed OSHA’s COVID-19 ETS: What You Need to Know About Training

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

Due to Low Risk of COVID-19 Surface Transmission, CDC Relaxes Cleaning and Disinfecting Guidance

By Conn Maciel Carey’s COVID-19 Task Force Early in the pandemic, popular sentiment—and to a lesser extent, the scientific community—believed that surface transmission of COVID-19 was one of the primary vectors of transmission.  Over time, however, epidemiologists gained a better understanding of how the virus was most typically transmitted.  As a result, the CDC’s guidance … Continue reading Due to Low Risk of COVID-19 Surface Transmission, CDC Relaxes Cleaning and Disinfecting 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

Employment Law Implications of the OSHA ETS: Medical and Religious Accommodation Requests

By Ashley D. Mitchell Published in the Federal Register on November 5, 2021, the Federal OSHA Emergency Temporary Standard on Vaccination and Testing (“ETS”) first major compliance deadline was December 6, 2021. However, as a result of a stay entered by the 5th Circuit, and the 6th Circuit’s refusal to grant the Biden Administration’s petition … Continue reading Employment Law Implications of the OSHA ETS: Medical and Religious Accommodation Requests

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]

Update on Challenges to Federal Contractor Mandate

By Fern Fleischer-Daves *As of 12/18/21, the federal contractor mandate is currently subject to federal court injunctions.  While we remain focused on the legal challenges now consolidated at the Sixth Circuit Court of Appeals, quite a lot has been going on with regard to the Federal Contractor Mandate which is facing its own set of challenges. … Continue reading Update on Challenges to Federal Contractor Mandate

Pfizer Vaccine’s Full FDA Approval – What Does This Mean for Employers?

By Conn Maciel Carey’s COVID-19 Task Force Earlier this week, on August 23, 2021, the U.S. Food and Drug Administration fully approved the Pfizer-BioNTech COVID-19 vaccine.   Earlier this year, many employers were hesitant to issue vaccine mandates and expressed concerns about potential legal risks associated with such a mandate since the COVID-19 vaccines were only approved … Continue reading Pfizer Vaccine’s Full FDA Approval – What Does This Mean for Employers?

CDC Relaxes Isolation and Quarantine Recommendations – How Does That Affect OSHA’s Vaccinate-or-Test ETS?

By Conn Maciel Carey’s COVID-19 Task Force On December 27, 2021, the CDC updated and shortened its recommended isolation and quarantine periods for the general population.  To be precise, yesterday CDC issued a media statement laying out its new guidance, but CDC’s actual Isolation Guidance webpage has not yet been updated.  CDC explained in the … Continue reading CDC Relaxes Isolation and Quarantine Recommendations – How Does That Affect OSHA’s Vaccinate-or-Test ETS?

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

Fed OSHA’s New COVID-19 Vaccine-Mandate Emergency Rulemaking [Webinar Recording]

On September 17, 2021, attorneys from Conn Maciel Carey LLP’s COVID-19 Task Force presented a webinar reviewing OSHA’s new COVID-19 emergency rulemaking focused on vaccine and testing mandates for many US employers. On September 9th, President Biden revealed a new COVID-19 Action Plan with one of several key goals to “Vaccinate the Unvaccinated.” The most notable … Continue reading Fed OSHA’s New COVID-19 Vaccine-Mandate Emergency Rulemaking [Webinar Recording]

OSHA and FDA Issue COVID-19 Checklist for Food Industry Workplaces

By Conn Maciel Carey’s COVID-19 Task Force On August 19, 2020, the Food and Drug Administration (FDA) and the Occupational Safety and Health Administration (OSHA) released a detailed checklist for human and animal food manufacturers to consider when continuing, resuming or reevaluating operations due to the COVID-19 pandemic. The stated purpose of the new guidance … Continue reading OSHA and FDA Issue COVID-19 Checklist for Food Industry Workplaces

[Bonus Webinar] Conversation with the Director of NIOSH about COVID-19 in the Workplace

On Monday, December 21, 2020 at 1 p.m. ET, join Kate McMahon, a Partner in Conn Maciel Carey’s national OSHA Practice, and special guest Dr. John Howard, the Director of the National Institute for Occupational Safety and Health (NIOSH), for a one-on-one Q&A event regarding COVID-19 in the workplace. Cases continue to spike throughout the United … Continue reading [Bonus Webinar] Conversation with the Director of NIOSH about COVID-19 in the Workplace

Cal/OSHA Proposes “Permanent” COVID-19 Prevention Rule – Under Review By Its Advisory Committee

Cal/OSHA has just convened an Advisory Committee to consider a proposed permanent Cal/OSHA COVID-19 prevention permanent rule, scheduled to meet on September 23, 2021.  Conn Maciel Carey has been invited to serve on the Advisory Committee, on behalf of the California Employers COVID-19 Prevention Coalition – composed of a broad array of California and national … Continue reading Cal/OSHA Proposes “Permanent” COVID-19 Prevention Rule – Under Review By Its Advisory Committee

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?