OSHA Formally Withdraws Its COVID-19 ETS

On January 25, 2022, the U.S. Occupational Safety and Health Administration (OSHA) formally withdrew its November 5, 2021, emergency temporary standard (ETS), which applied to large employees. Since its issuance in November, the OSHA ETS has been the subject of numerous legal challenges, ultimately resulting in a decision by the Supreme Court of the United States to stay enforcement of the ETS indefinitely pending adjudication of legal challenges at the Sixth Circuit Court of Appeals.

DOJ Releases Memorandum Supporting Employers’ Right to Mandate Vaccines Approved by the FDA for Emergency Use

Growing numbers of private businesses and public entities have announced policies requiring employees and others to be vaccinated against COVID-19 as a condition of employment or as a condition of access to facilities or services. In response to this trend, some have argued that employers and other organizations may not lawfully mandate COVID-19 vaccines that have been only approved for use under an emergency use authorization (EUA) as opposed to full approval by the U.S. Food and Drug Administration (FDA). Commentators and legal advisors have been divided over whether the EUA approval precludes mandating the vaccine. On July 6, 2021, the Office of Legal Counsel of the U.S. Department of Justice (DOJ) issued a memorandum opining that private businesses and public entities are not prohibited from mandating COVID-19 vaccines that have only received approval for use under an EUA.

EEOC Updates COVID-19 Guidance Regarding Vaccination Incentives, Reasonable Accommodation, and Other Issues

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated the vaccination section (section K) of its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The update clarifies a number of vaccination issues with which employers have grappled without any official guidance to advise them.

CDC Updates Guidance for Fully-Vaccinated Individuals: Is It Time to Shed the Face Mask and Relax Social Distancing?

The U.S. Centers for Disease Control and Prevention (CDC) updated its guidance, titled Interim Public Health Recommendations for Fully Vaccinated People, on May 13, 2021, rolling back recommendations for wearing  face masks, social distancing, and other protective measures for those who have been fully vaccinated against COVID-19.

CDC Revises Domestic and International Travel Guidance, Including for Fully Vaccinated Individuals

On April 2, 2021, the U.S. Centers for Disease Control and Prevention (CDC) announced updated guidance on domestic and international travel. The guidance includes new recommendations for those fully vaccinated (defined as two weeks after the second dose in a two-dose series or two weeks after a single-dose vaccine) with a vaccine that the U.S. Food and Drug Administration (FDA) has authorized.

The CDC’s Stances on Fully-Vaccinated Individuals: Details on the Revised Guidance

On March 8, 2021, the U.S. Centers for Disease Control and Prevention issued new interim recommendations regarding individuals who have been fully vaccinated against COVID-19. As the COVID-19 vaccines have become more widely distributed, the new recommendations address how to manage vaccinated individuals with respect to social gatherings, contact tracing, and other mitigation matters in non-healthcare settings. The following are the key points about which employers may want to know and that they may wish to incorporate into their company procedures.

CDC’s New (Inconsistent?) Guidance on Quarantining for Fully-Vaccinated Individuals

On February 11, 2021, the U.S. Centers for Disease Control and Prevention (CDC) updated materials on its website pertaining to when individuals should quarantine after exposure to someone with COVID-19. Specifically, on the “When to Quarantine” page on its website, the CDC now states that “[p]eople who have been in close contact with someone who has COVID-19 are not required to quarantine if they have been fully vaccinated against the disease within the last three months and show no symptoms.”

CDC Alters Critical Infrastructure Personnel Guidance and Recommends New Testing Strategies

In its most recent COVIDView weekly update, the U.S. Centers for Disease Control and Prevention (CDC) reported that levels of COVID-19 “virus circulation and associated illnesses” have been rising nationally since September 2020. The CDC has also issued a “COVID-19 Alert,” noting that “COVID-19 cases, hospitalizations, and deaths across the United States are rising.” In the context of such rising cases and increased scientific knowledge about the virus, the CDC made significant changes to its critical infrastructure sector guidance on November 16, 2020. In the revised guidance, the CDC urges employers to allow exposed but asymptomatic critical infrastructure personnel to continue to work only as “a last resort and only in limited circumstances.” [Emphasis in original.]

CDC Offers Tips to Have a Safe and Jolly Holiday Season

This year has been challenging for a number of reasons, not least of which is the impact of the COVID-19 pandemic on the workplace. After months of isolation and remote operations, many employers and employees are eagerly looking forward to opportunities during the approaching holiday season to come together (in person or virtually) to share festive spirit and reflect on the good times from this past year despite the setbacks. Nevertheless, we remain in the midst of a global pandemic, and many communities are experiencing an increase in the number of cases. While employers may welcome the opportunity to celebrate and strengthen employee morale this holiday season, they may want to assess the state of the pandemic in their respective communities and consider practical strategies for making holiday gatherings and celebrations as safe as possible.

CDC Issues COVID-19 Communication Plan for Critical Infrastructure Employers

On August 4, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued a communication plan titled “COVID-19 Communication Plan for Select Non-healthcare Critical Infrastructure Employers.” The purpose of the plan is to outline actions certain critical infrastructure employers may consider to disseminate COVID-19 messages with employees more effectively.

CDC Issues COVID-19 Testing Strategy Guidance for Workplaces

On July 3, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance entitled “SARS-CoV-2 Testing Strategy: Considerations for Non-Healthcare Workplaces.” The new guidance recommends incorporating COVID-19 testing in five scenarios: (1) testing individuals with COVID-19-related symptoms; (2) testing asymptomatic individuals with a recent known or suspected exposure in order to control transmission; (3) testing asymptomatic individuals without a recent known or suspected exposure for early identification in special settings; (4) testing to determine when an individual may discontinue home isolation; and (5) testing for public health surveillance.

EEOC Issues Updated COVID-19 Guidance

On June 11, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued an update to its COVID-19 technical assistance publication. The update provides new guidance for employers on the topics of accommodating employees with family members at high risk of severe illness from COVID-19, handling pandemic-related harassment, caregiver responsibilities, and pregnancy issues.

CDC Issues Compilation of Guidance to Assist Reopening Initiatives

On May 17, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued a 60-page document entitled CDC Activities and Initiatives Supporting the COVID-19 Response and the President’s Plan for Opening America Up Again. In the document, the CDC (1) explains and expands upon the gating criteria articulated in President Donald Trump’s Opening Up America Again guidelines; (2) outlines the CDC’s various COVID-19 activities and initiatives, including monitoring the continued progression of COVID-19, support of increased contact tracing capacity, and other activities; and (3) provides testing guidance.

CDC Issues Strategies to Mitigate Healthcare Staffing Shortages

On April 30, 2020, the Centers for Disease Control and Prevention (CDC) issued new guidance titled Strategies to Mitigate Healthcare Personnel Staffing Shortages. As maintaining appropriate staffing levels is essential to providing both a safe working environment and proper patient care, the guidance offers a series of recommendations on contingency plans that healthcare providers experiencing staffing shortages may wish to consider.

CDC Provides Additional Advice for Temperature Screenings

In an April 20, 2020, update to its General Business Frequently Asked Questions, the U.S. Centers for Disease Control and Prevention (CDC) included some advice to employers on how to conduct employee temperature screens. While noting that there are several methods employers could utilize to conduct temperature screenings, the CDC provides three particular examples for employers to consider.

Los Angeles County Passes Emergency Paid Sick Leave Ordinance

On April 28, 2020, the County of Los Angeles Board of Supervisors unanimously passed an interim urgency ordinance requiring employers with 500 or more employees to provide supplemental paid leave for COVID-19-related reasons. This follows similar measures taken over recent weeks in other local jurisdictions, such as San Francisco.

An Update on Coronavirus Contact Tracing: Status, Benefits, and Key Considerations

Since the outset of the COVID-19 pandemic, employers have been engaged in varying levels of contact tracing within the workplace. Contact tracing involves identifying individuals who may have been in close contact with a person who tested positive for the coronavirus while that person was likely infectious. As part of employers’ pandemic response practices, many are implementing policies and procedures that attempt to ascertain the identities of employees who may have been in “close contact” with employees diagnosed with COVID-19, or those suspected of having contracted the virus.

New York Challenges U.S. Department of Labor’s Final Rule on FFCRA

On April 14, 2020, the State of New York filed a lawsuit against the U.S. Department of Labor (DOL) seeking declaratory and injunctive relief in the U.S. District Court for the Southern District of New York. In the lawsuit, New York challenges the April 1, 2020, final rule that the DOL issued implementing the emergency family leave and paid sick leave requirements of the Families First Coronavirus Response Act (FFCRA).

CDC Issues New Guidance for Critical Infrastructure Workers

On April 8, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued its new Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19. The guidance provides that critical infrastructure workers may be allowed to continue working following a potential exposure to COVID-19 in order to ensure the continuity of essential operations under certain circumstances.

CDC Provides Updated Guidance on Asymptomatic Individuals Returning from Home Isolation

Many employers have been referring to the U.S. Centers for Disease Control & Prevention (CDC) Interim Guidance on “Discontinuation of Isolation for Persons with COVID-19 Not in Healthcare Settings” in order to help determine when it is appropriate to allow employees to return to work from home isolation due to having COVID-19 symptoms or being diagnosed with COVID-19, in the absence of the individual receiving a direct release from his or her healthcare provider or other public health authorities. The CDC has now updated that guidance to provide additional recommendations regarding when asymptomatic individuals with laboratory-confirmed COVID-19 (i.e., those who have COVID-19 but do not exhibit symptoms such as fever, coughing, or difficulty breathing) may discontinue isolation.