COVID-19 safety plans are a way for employers to demonstrate to their employees, the public and, in certain cases, state governments that they have considered the risks associated with COVID-19 in their workplaces and have developed a response to these concerns. The plans establish and explain the policies, practices and conditions necessary to meet the Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA) standards relating to worker and customer exposure to COVID-19. These plans may also incorporate guidance from the state department of health and industry specific guidelines issued via state executive orders. Access the article.
Some essential workers are refusing to go to work out of fear of contracting COVID-19. Their employers must weigh the employees’ legal rights and understandable health concerns with the organizations’ business needs. It can be a tough balancing act. In a recent article, McDermott Partner Pankit Doshi said employers may relax documentation requirements due to the difficulty some employees could have obtaining access to medical providers during the pandemic and to encourage ill employees to stay away from work. Access the article.
Several months into the COVID-19 pandemic, businesses are thinking about returning to work and what this will look like in practice. While it will not be business as usual, this article highlights how employers can prepare their workplaces and navigate safety mandates and recommendations. Access the full article.
While the Occupational Safety and Health Administration (OSHA) has not released specific standards covering COVID-19, Michelle Strowhiro, a partner in the Los Angeles office of McDermott Will & Emery, is quoted in a recent ABA Journal article saying that employers could face risks under Occupational Safety and Health Act’s general duty clause if they don’t take steps to protect their workplace and ensure it is not exposed to individuals who may have contracted the virus. Access the full article.
With rapid developments in local, state and federal guidance and law, the appropriate approach for each employer in relation to COVID-19 will vary depending on the nature of their work, the industries served and their location and size, among other considerations. This article outlines what employers need to know about employees experiencing symptoms and employee absences. Access the full article.
Most states have issued some form of 'shelter in place' or 'stay at home' order to flatten the curve of COVID-19. As a result, many business operations have been temporarily suspended, unless the business is engaged in essential or critical infrastructure functions or supports businesses engaged in such functions. For businesses that are considered 'essential' and have employees still reporting to work, what steps can employers take to keep their workplace healthy and safe? Access the full article.
How should US employers approach the Coronavirus? With rapid developments in local, state and federal guidance and law, the appropriate approach for each employer will vary depending on the nature of the work, industries served, location(s), size, amongst other considerations. We recently updated these FAQs to provide you with the latest developments and best practices for your business. Access the FAQ here.
OSHA's general duty clause now applies to workplace violence in healthcare Sec. of Labor v. Integra Health Mgmt., Inc., OSHRC Docket No. 13-1124 (March 2019), requiring healthcare employers to maintain workplaces “free from recognized hazards that are causing or likely to cause death or serious physical harm.” Abigail M. Kagan authored a primer for healthcare employers on the clause. In an article originally published on Bloomberg Law, she discusses: The four criteria OSHA considers in determining whether a general duty violation has occurred Engineering controls and administrative controls healthcare employers should take to protect workplaces A checklist healthcare employers can utilize to begin protecting employees Reproduced with permission from Copyright 2019 The Bureau of National Affairs, Inc. (800-372-1033) www.bloombergindustry.com. Access the full article.
On October 11, 2016, the Occupational Safety and Health Administration published a final rule that establishes procedures and time frames for handling whistleblower complaints under the Affordable Care Act (ACA); for hearings before US Department of Labor (DOL) administrative law judges in ACA retaliation cases; review of those decisions by the DOL Administrative Review Board; and judicial review of final decisions. Read the full article here.
On July 1, 2016, Occupational Safety and Health Administration (OSHA) increased the maximum penalties under the Occupational Safety and Health Act by about 78 percent to account for inflation. Acting under authority conferred by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Pub. L. 114-74, 701 (part of the Bipartisan Budget Act of 2015), OSHA published an interim final rule that will on August 1, 2016, increase penalties for OSHA violations as follows: Other-than-serious violations: From $7,000 to $12,471 Serious violations: From $7,000 to $12,471 Repeated violations: From $70,000 to $124,709 Willful violations minimum: From $5,000 to $8,908 maximum: From $70,000 to $124,709 Failure to abate: From $7,000 per day to $12,471 per day Penalties under the Federal Mine Safety and Health Act of 1977 were also changed to account for inflation, as follows: The maximum penalty for most violations will now be $68,300. The minimum penalty...