The Centers for Disease Control and Prevention (CDC) has offered new COVID-19 guidance indicating that fully vaccinated individuals no longer need to wear masks or maintain physical distance from others in most settings. However, questions about employers’ compliance obligations and general duty expectations under the Occupational Safety and Health Act of 1970 (OSH Act) remain.
Courtney M. Malveaux
Courtney M. Malveaux is a principal in the Richmond, Virginia, office of Jackson Lewis. P.C. He is co-leader of the firm’s Workplace Safety and Health practice group. His practice focuses on representing employers cited by the Occupational Safety and Health Administration and other regulatory agencies, oftentimes following catastrophic incidents.
Are Adverse Reactions to COVID-19 Shots Recordable to OSHA? It Depends.
The Occupational Safety and Health Administration (OSHA) has determined that it will consider an adverse reaction to the COVID-19 vaccine a “work-related” recordable illness if an employee is required to take the vaccine as a condition of employment.
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Employers are Contesting OSHA’s COVID-19 Citations
Frustrated by constantly shifting guidance and shortages of respirators and other personal protective equipment experienced in 2020, employers are rejecting Occupational Safety and Health Administration (OSHA) citations for COVID-19 infractions and contesting them like never before.
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OSHA Taking Its Time to Issue COVID-19 Emergency Temporary Standard
The Occupational Safety and Health Administration (OSHA) was directed under an executive order to promulgate an Emergency Temporary Standard (ETS) to address COVID-19 no later than March 15, 2021. It has yet to do so.
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Virginia Passes Permanent Standard on COVID-19
The Virginia Safety and Health Codes Board enacted a Permanent Standard on COVID-19 in workplaces in a 9-4 vote on January 13, 2021.
On July 15, 2020, Virginia became the first state in the nation to promulgate an Emergency Temporary Standard to address COVID-19 in workplaces. Even with vaccine deliveries on the way, Virginia has…
What to Expect from OSHA Under the Biden Administration
President-Elect Joseph Biden has not named a nominee for Secretary of Labor yet, much less an Assistant Secretary of Labor for Occupational Safety and Health who would lead the Occupational Safety and Health Administration (OSHA). But individuals with a background in organized labor may be forerunners. He has promised to be “the most pro-union president…
Will Virginia’s COVID-19 Pandemic Standard Become Permanent?
On July 15, 2020, Virginia became the first state in the nation to promulgate an Emergency Temporary Standard to address COVID-19 in workplaces. Even with vaccine deliveries on the way, Virginia has proposed a Permanent Standard for consideration by the Virginia Safety and Health Codes Board (which includes author Courtney Malveaux).
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New Virginia Executive Order Expands Face Covering Requirements, Restricts Gatherings
Virginia Governor Ralph Northam has issued Executive Order Number Seventy-Two, expanding face covering requirements, reducing allowable social gatherings, and directing Virginians to remain at home after midnight. The Order also states that individuals who decline to wear a face covering due to a medical condition are not required to produce medical documentation verifying their…
Have You Started Your COVID-19 Training and Infectious Disease Plan In Virginia?
Virginia recently enacted its Emergency Temporary Standard for COVID-19. The standard’s requirement that employers train workers came and went on August 26, 2020. Virginia Occupational Safety and Health expects employers to complete their Infectious Disease Preparedness and Response Plans no later than September 25, 2020.
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Virginia Passes First-In-Nation OSHA Standard for COVID-19
Employers wondering whether Virginia is the new California just got their answer: California has some catching up to do.
In a split vote, the Virginia Safety and Health Codes Board (which includes author Courtney Malveaux) passed a first-in-the-nation standard to address COVID-19 in workplaces. Virginia Occupational Safety and Health (VOSH), the state’s version of the…