Workplace Safety and Health

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As circumstances from the coronavirus (“COVID-19”) pandemic continue to evolve, the federal Occupational Safety and Health Administration (“OSHA”) has maintained reliance on Section 5(a)(1) of the Occupational Safety and Health Act (“OSH Act”), known as the General Duty Clause, and current standards to address workplace exposures to COVID-19.

Rather than engage in rulemaking, OSHA has…

Last week we wrote about government agencies’ tendencies to “flip-flop” on guidance related to preventing transmission and spread of coronavirus (“COVID-19”), and how this impacts employers’ ability to meet health and safety compliance obligations expectations and avoid regulatory liability. Underscoring these points, on Monday the U.S. Centers for Disease Control and Prevention (“CDC”) rolled out…

At the end of July, the Department of Industrial Relations (“DIR”) released guidance to assist with the safe reopening of businesses in light of the ongoing COVID-19 pandemic. The guidance covers the following topics:

  • Employer Obligations to Keep the Workplace and Employees Safe
  • Face Coverings
  • Medical Checks
  • Returning to the Worksite
  • Waivers of Liability

The…

To assist with protecting the essential workers who work in the agricultural industry, California’s Department Industrial Relations Division of Occupational Safety and Health (“Cal OSHA”) issued updated guidance on coronavirus (“COVID-19”) infection prevention procedures for employers in the agricultural industry.

While the guidance does not impose new legal obligations on employers, the guidance is meant…

A week after the NCAA Division III Membership Committee encouraged institutions to make the best decisions for their student-athletes’ “happiness, health and safety,” the Division’s Administrative Committee has provided some administrative relief for institutions should the ongoing impact of  COVID-19 affect 2020-21 seasons of athletic competition.

Two blanket waivers have been approved for all Division…

Earlier this month, the Equal Employment Opportunity Commission (“EEOC”) updated its Technical Assistance Questions and Answers on COVID-19 issues to state that employers cannot require antibody testing of its employees before they return to work.  The EEOC’s guidance came in response to the CDC’s earlier statement regarding antibody testing.  In adding Question A.7, the EEOC…

The New York District Office of the Equal Employment Opportunity Commission recently commented that it had received an increasing number of charges relating to the COVID-19 pandemic, all of which alleged violations of the reasonable accommodation mandate of the Americans with Disabilities Act (ADA).  While the number of filings was not disclosed, the New York…

On June 18th the California Department of Public Health issued guidance broadly mandating that individuals in California wear face coverings in most circumstances.  This new state guidance follows face-covering mandates previously issued by many California cities and counties.

The state guidance specifies that individuals engaged in work whether at the workplace or offsite must…

The Occupational Safety and Health Administration (OSHA) has issued guidance for construction industry employers to prevent spread of COVID-19.

In addition to measures the agency suggests for all employers, the guidance includes a variety of preventive measures at construction sites, such as:

  • Using Environmental Protection Agency-approved cleaning chemicals from List N or that have

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