Nevada OSHA Targets Hospitality Industry

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).

 

New York Appellate Court Stays Mask Mandate Injunction

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.

CMS Vaccine Mandate Update: Last, but Not Least, Texas Joins the Rest of the Country

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.

Twin Cities Issue Vaccine Mandates for Restaurants, Bars, and Entertainment Venues

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.

Oregon OSHA Announces Stance on Federal Vaccine-or-Test Standard

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 OSHA Pumps the Brakes on Federal OSHA’s COVID-19 Emergency Temporary Standard

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.

SCOTUS Narrowly Allows CMS Vaccine Mandate to Survive; Preemption Battles to Ensue

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).

Illinois Adopts New Public Employer Rules on Federal OSHA’s COVID-19 ETS

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 Revives Mask Mandate, Effective January 12, 2022

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 OSHA Announces Schedule for Implementing COVID-19 Vaccine or Test Standard

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.

Supreme Court Hears Oral Argument on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard and CMS Vaccine Rule

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.

California Department of Public Health Issues Updated COVID-19 Quarantine Guidance

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.

Cook County, Illinois, Issues Proof-of-COVID-19-Vaccination Requirements for Restaurants, Gyms, and Indoor Entertainment Venues

On December 23, 2021, Cook County, Illinois, issued Public Health Order No. 2021-11, joining the City of Chicago in requiring certain indoor establishments (including restaurants, gyms and fitness centers, and entertainment venues) to verify the COVID-19 vaccination status of patrons five years of age and older, effective January 3, 2022.

Sixth Circuit Dissolves the Stay of OSHA’s COVID-19 Emergency Temporary Standard and OSHA Issues New Compliance Deadlines

On December 17, 2021, a three-judge panel of the Sixth Circuit Court of Appeals dissolved the stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). Shortly thereafter, OSHA posted new compliance dates on its website.

Florida Issues Emergency Rules Implementing New COVID-19 Vaccine Mandate Laws

On December 3, 2021, the Florida Department of Legal Affairs of the state attorney general’s office issued an emergency rule establishing the procedure for private employer vaccination mandate complaints under section 381.00317(3) and (4), Florida Statutes. The rule sets forth the complaint procedure, beginning with providing further clarification regarding key terms in the statute. The department also published a list of answers to frequently asked questions (FAQs) that provides further information for employers.

Germany’s Bundestag Plans to Implement 3G Rule (Vaccinated, Recovered, or Tested) for Workplaces and Home Offices

On November 18, 2021, Germany’s lower house of parliament, the Bundestag, approved a renewed amendment to the Infection Protection Act that has important implications for employers and employees. The following day, the Bundesrat, Germany’s upper house of parliament, gave its approval to the legislation. The amendment and related measures will come into force on November 24, 2021.

Oregon OSHA Anticipates Delay in Adopting COVID-19 Vaccine or Test Standard

When the U.S. Occupational Safety and Health Administration (OSHA) issued a new emergency temporary standard (ETS) on November 4, 2021, Oregon OSHA had only 30 days to adopt its own standards, until December 4, 2021. However, in light of a federal court order staying the federal ETS, Oregon OSHA recently updated its website to state that it does not anticipate adopting a rule by December 4, 2021, although it is “continuing discussions with stakeholders.”