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OSHA’s Updated COVID-19 Workplace Safety Guidance: Now Employers Have the Hard Part
On June 10, 2021, the US Occupational Safety and Health Administration (OSHA) published its long-awaited response to President’s Biden’s January 21, 2021 Executive Order to OSHA, which had directed the agency to consider and, if necessary, by March 15, 2021, issue an Emergency Temporary Standard (ETS) in response to workplace hazards from COVID-19. With the… Continue reading
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Virginia’s COVID-19 Workplace Safety Regulation Is Permanent: A National Model
In July 2020, we reported that Virginia, an OSHA State-plan State, was the first in the country to issue a workplace safety regulation specifically addressing COVID‑19. At that time, the Virginia standard was issued as a temporary emergency rule, which would expire by January 27, 2021, unless made permanent. On the expiration date, Governor Northam… 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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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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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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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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