coronavirus
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CDC Changes Definition of “Close Contacts” for Contact Tracing Purposes: What Does This Mean for Employers?
On October 21, 2020, the CDC published a new definition of “Close Contact” for contact tracing purposes. This new definition will affect how employers determine Close Contacts for purposes of internal contract tracing to limit and prevent exposures and spread of the coronavirus within the workplace. Continue reading
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U.S. OSHA Issues Guidance on Returning to Work
On June 18, 2020, U.S. OSHA issued its “Guidance on Returning to Work,” (“Reopening Guidance”) compiling best practices and existing regulatory standards to assist employers and workers return to work and reopen businesses characterized as non-essential in the earlier weeks of the COVID‑19 pandemic. Continue reading
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New Executive Order Presses Agencies to Continue to Seek Regulatory Flexibility in Response to the Covid-19 Pandemic
On May 19, 2020, the President issued an executive order titled “Regulatory Relief to Support Economic Recovery” (“Executive Order”). The Executive Order seeks to “overcome the effects the virus has had on [the] economy.” To do so, executive departments and agencies are encouraged and directed to take appropriate action. Continue reading
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USEPA Warns E-Commerce Platforms to Scrub Fake Coronavirus Disinfectant Products
As discussed in a prior post on Corporate Environmental Lawyer, on January 29, 2020, the United States Environmental Protection Agency (“USEPA”) activated its “Emerging Viral Pathogens Guidance for Antimicrobial Pesticides” (the “Guidance”) to help curb the spread of the novel coronavirus, the cause of COVID-19, in the United States. Continue reading
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OSHA Promises Relaxed Enforcement during Pandemic if Employers Make “Good Faith Effort” to Comply with Non-Achievable Recurring Requirements
On April 17, 2020, OSHA posted an April 16, 2020 enforcement guidance, which, for the first time, recognized that due to COVID-19, employers were not able to feasibly comply with a wide-range of OSHA regulatory requirements. Continue reading
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White House Reopening Guidelines: How Will Workplaces Open Up Again?
On April 16, 2020, the White House issued “Guidelines: Opening Up America Again” (Guidelines), with criteria for how state and local officials, employers and individuals should approach reopening segments of their communities after various stay-at-home orders, essential-business regimens and other social distancing measures that Federal, State and local governments have issued in response to the… Continue reading
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OSHA to Most Employers: Limited Exemption from Recording Requirement for Employees’ COVID 19 Cases
On April 10, 2020, US OSHA partially retracted its initial instructions to employers, which had required employers to evaluate employees who contracted COVID‑19 as potential recordable occupational illnesses under OSHA’s injury/illness recordkeeping rules, 29 CFR Part 1904. Continue reading
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OSHA to Employers: Some Relief from Respiratory Protection Rules in the Face of N95 Shortages
By Gabrielle Sigel, Co-Chair, Environmental and Workplace Health and Safety Law Practice On April 3, 2020, U.S. OSHA issued two Enforcement Guidance memos which, for the first time, provide guidance to all industries, including healthcare, regarding how to comply with OSHA rules in the face of N95 shortages. The first document is entitled “Enforcement Guidance Continue reading
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EPA’s Temporary Enforcement Discretion Policy for COVID-19 Pandemic
On March 26, 2020, the U.S. Environmental Protection Agency (“EPA”) announced a temporary policy regarding EPA enforcement of environmental legal obligations during the COVID-19 pandemic. EPA Administrator Andrew Wheeler stated that the “EPA is committed to protecting human health and the environment, but recognizes challenges resulting from efforts to protect workers and the public from… Continue reading
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Does the OSH Act Give an Employee the Right to Refuse to Work Due to Fear of Workplace COVID-19 Exposure?
Responding to COVID‑19, many state and local governments are issuing orders encouraging or requiring workers to stay at home (“Stay-At-Home Order”) unless their employment is deemed to be in an “essential business” or “critical infrastructure industry.” Continue reading
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