Nevada’s Occupational Safety and Health Administration (Nevada OSHA) is performing targeted inspections of Nevada’s hospitality establishments. Even though Nevada OSHA’s “Inspection Targeting Plan and Emphasis Programs” document was last updated in August 2021, the programmed inspections are continuing with local emphasis programs related to hotels (NAICS 721110) and casino-hotels (NAICS 721120).
On January 25, 2022, the New York Appellate Division, Second Department granted a stay of a Nassau County trial court’s injunction of the enforcement of the state’s mask mandate, which went into effect on December 13, 2021. The mandate, which was announced by Governor Kathy Hochul on December 10, 2021, required that masks be worn in indoor public spaces, unless a covered businesses had implemented a mandatory vaccination requirement.
The U.S. Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Testing Standard (ETS) met its demise at the Supreme Court of the United States on January 13, 2022. That same day, the Court allowed a vaccine rule promulgated by the Centers for Medicare & Medicaid Services (CMS) to enforce its healthcare interim final rule. But what’s the status of Executive Orders (EO) 14042 and 14043, which requires certain federal contractors and all executive-agency federal employees to comply with workplace safety rules, including vaccinations? Here’s an update.
On January 13, 2022, the Supreme Court of the United States issued an opinion staying preliminary injunctions issued in cases filed in Missouri and Louisiana challenging the Centers for Medicare and Medicaid Services’ (CMS) COVID-19 vaccination mandate for healthcare providers. The ruling stayed preliminary injunctions applicable to twenty-four states. Twenty-five states were already subject to enforcement under the CMS rule. This left Texas standing alone and in limbo.
On January 18, 2022, the City of Milwaukee Common Council passed an ordinance that would require masks to be worn indoors until March 1, 2022. The city’s acting mayor has not yet signed the order, but he has signaled that he is likely to do so.
The COVID-19 Omicron variant has resulted in a slight increase in the rate of infection in Mexico, but the federal government has deemed all of the nation’s 32 states safe to remain open for business, although with cautions for a few of the states.
On December 13, 2021, New York Governor Kathy Hochul instituted a mandate requiring that masks be worn in indoor public spaces, unless a covered business has implemented a mandatory vaccination requirement. The mandate was set to be reevaluated on January 15, 2022. However, as part of her “Winter Surge Plan 2.0,” and before the mandate’s original expiration date, Governor Hochul extended the mask-or-vaccine requirement for an additional two weeks, until at least February 1, 2022. As part of the announcement, the governor indicated that the state would reassess masking requirements in February 2022.
On January 12, 2022, just one week after issuing mask mandates, Minneapolis Mayor Jacob Frey and St. Paul Mayor Melvin Carter issued executive orders mandating that places of public accommodation serving food and drinks indoors require persons to furnish proof of vaccination or negative PCR or antigen tests. Then, on January 13, 2022, and January 14, 2022, respectively, Mayor Carter and Mayor Frey each issued additional emergency regulations amending their January 12, 2022, orders.
On January 13, 2022, the Oregon Occupational Safety and Health Division (Oregon OSHA) announced that because the Supreme Court of the United States has stayed the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), it “will not move forward with adopting the same or similar standard in Oregon.”
Minnesota’s Occupational Safety Administration (MNOSHA) adopted the federal Occupational Safety Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) on January 3, 2022, and began enforcing the rules on January 10, 2022. Yesterday, the Supreme Court of the United stayed the enforcement of the ETS and remanded the case to the Sixth Circuit Court of Appeals, which will now consider the merits of the case.
As the mayors of Minneapolis and St. Paul did last week, Duluth’s mayor, Emily Larson, issued an indoor mask mandate, effective January 13, 2022, due to the spread of the COVID-19 Omicron variant.
On January 13, 2022, in a 5-4 split decision, the Court issued an opinion staying the injunctions against the healthcare interim final rule, which allows the Centers for Medicare & Medicaid Services (CMS) to now enforce its vaccine mandate nationwide (with the key compliance dates now being January 27, 2022, and February 28, 2022).
On Thursday, January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS).
In a pair of related rulings in Hayes v. University Health Shreveport, LLC, and Nelson v. Ochsner Lafayette General, the Supreme Court of Louisiana held on January 7, 2022, that private Louisiana employers may mandate COVID-19 vaccines for their employees.
On January 7, 2022, the Illinois Department of Labor (IDOL) filed peremptory rules adopting the U.S. Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). IDOL will require all state and local public employers in Illinois to comply with ETS sections (d)-(l).
New Orleans has revived its mask mandate for indoor spaces, effective January 12, 2022. Citing increased COVID-19 infection and hospitalization rates, Mayor Latoya Cantrell has ordered that all individuals over the age of two who do not have breathing complications must wear masks “when in indoor spaces outside the household, unless actively eating or drinking.”
Oregon operates a state plan that the U.S. Occupational Safety and Health Administration (OSHA) has approved that applies to both public and private employers. Accordingly, Oregon employers are subject to the state OSHA’s standards rather than the federal OSHA standards. Oregon OSHA may adopt an emergency temporary standard (ETS) related to COVID-19 that differs from the federal ETS, but Oregon OSHA’s ETS must be “as effective as” the federal ETS.
Employer health plans and health insurers will be required to cover over-the-counter (OTC) COVID-19 tests, even without a health care provider’s order or an individualized clinical assessment, and generally without cost sharing or medical management, beginning with tests purchased on or after January 15, 2022.
On Friday, January 7, 2022, the Supreme Court of the United States heard oral arguments on challenges to the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) and the Centers for Medicare and Medicaid Services’ (CMS) COVID-19 vaccination mandate for certain healthcare providers.
On January 6, 2022, California’s Division of Occupational Safety and Health (Cal/OSHA) updated its answers on the California Department of Public Health (CDPH) isolation recommendation found in its guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions.”
On January 5, 2022, the Los Angeles County Department of Public Health (LACDPH) issued an Order of the Health Officer requiring all employers to provide face masks to employees “who work indoors and in close contact with other workers or the public.”
On December 31, 2021, the White House revoked Presidential Proclamation 10315, which had prohibited travel into the United States for travelers who were physically present in the following eight countries in southern Africa: Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe.
On January 3, 2022, Minnesota’s Occupational Safety and Health Administration (MNOSHA) adopted the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) published on November 5, 2021.
On January 3, 2022, the Ontario government announced a number of restrictions in response to climbing COVID-19 case numbers and increased hospitalizations. Effective January 5, 2022, the province is temporarily returning to a modified version of its previous Step Two of the Roadmap to Reopen under O. Reg. 263/20. The province will return to Step Two for a minimum of 21 days (until January 26, 2022), at which point the restrictions will be evaluated.
On Wednesday, January 5, 2022, Mayor Jacob Frey of Minneapolis and Mayor Melvin Carter of St. Paul, Minnesota, issued indoor mask mandates for their cities due to the rapid spread of the COVID-19 Omicron variant, which currently accounts for approximately 68 percent of cases in Minnesota (and rising).
On January 4, 2022, the U.S. Centers for Disease Control and Prevention (CDC) provided additional guidance in the wake of its December 27, 2021, update to recommended quarantine and isolation periods.
On December 22, 2021, the New York State Department of Labor (NYSDOL) published highly anticipated proposed regulations in the New York State Register regarding section 2 of the New York Health and Essential Rights Act (NY HERO Act).
On December 30, 2021, the California Department of Public Health (CDPH) issued its updated “Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public.” With the updated guidance, the CDPH’s position appears to be consistent with the federal Centers for Disease Control and Prevention’s (CDC) recently revised recommended five-day isolation and quarantine period for the general population.
The COVID-19 Omicron variant has resulted in a slight increase in the rate of infection in Mexico, but the federal government has deemed all of the nation’s 32 states safe to remain open for business, although with cautions for a few of the states.
Amid concerns surrounding the rapid rise in COVID-19 omicron cases, the UK government recently implemented Plan B measures in England. Here is a summary of the implications of these measures for employers.
