Now that vaccinations against COVID-19 infections are becoming available, employer responses to the pandemic will include when to recommend, support, or even require employee vaccinations. While workplace safety considerations might support all these efforts, the Equal Employment Opportunity Commission (EEOC) has just issued a reminder that the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964 require employers to craft their vaccination policies in ways that won’t violate anti-discrimination provisions. The remainder of this note discusses EEOC guidance published on December 16, 2020.
Read MoreAudit, Compliance and Risk Blog
EEOC provides guidance for employer requirements for COVID-19 vaccinations
Posted by Jon Elliott on Mon, Jan 04, 2021
Tags: Health & Safety, EEOC, Coronavirus, CDC, Covid-19, ADA, Vaccine, Immunization, Vaccination
During the COIVD-19 pandemic, there have been many reports of angry arguments between people who don’t want to wear masks or practice social distance and retail staff members trying to enforce local requirements. Some of these confrontations escalate to violence. The US Centers for Disease Control and Prevention (CDC) provide formal guidelines to retail businesses, offering ways for protecting workers by “Limiting Workplace Violence Associated with COVID-19 Prevention Policies in Retail and Services Businesses.” The remainder of this note describes CDC’s latest guidance.
Read MoreTags: Health & Safety, OSHA, Workplace violence, Coronavirus, CDC, Covid-19, CCOHS
Western North America is suffering from huge wildfires this year. I’ve written pieces discussing ways to protect workplaces from fire (HERE) and to protect workers during wildfires (HERE). Today’s note discusses worker safety during cleanup after wildfires. I synthesize guidance from the US Occupational Safety and Health Administration (OSHA), Centers for Disease Control and Prevention (CDC), US Environmental Protection Agency (EPA), California EPA (CalEPA), and the California Department of Public Health (CDPH).
Read MoreTags: OSHA, EPA, CDC, workplace safety, Wildfire, Cal-Fire, California, CalEPA, CDPH
Virginia adopts first standard specifically requiring workplace protections against COVID
Posted by Jon Elliott on Wed, Jul 22, 2020
In recent months, worker protection and public health agencies have issued increasingly stringent and detailed guidelines for employers to follow to reduce worker exposures to COVID-19. I’ve written about a number of these, including HERE and HERE. Over the same months, many workplaces have also been affected by state and local government mandates designed to protect public health in places the public (at least previously) frequent – these include temporary closures of many types of organizations, and restrictions such as masks at others.
Read MoreTags: Health & Safety, Coronavirus, CDC, Safety and Health at Work, Covid-19, VOSH, DOLI, PPE, Virginia
On June 18, 2020, the U.S. Occupational Safety and Health Administration (OSHA) issued new guidance to assist businesses deemed “non-essential” during the COVID-19 pandemic as they reopen their workplaces. OSHA’s new “Guidance on Returning to Work” sets forth a number of basic principles that OSHA recommends guide employer actions, including specific examples. The document also reminds readers that responsibilities always apply under OSHA’s Employer’s General Duty Clause, references a number of existing OSHA standards that apply to re-opening activities and reopened workplaces, and identifies other sources of guidance and requirements.
Read MoreTags: Health & Safety, OSHA, EEOC, Coronavirus, CDC, Covid-19, Back-to-Work
Employers considering how to protect their employees from coronavirus infections can look to a growing variety of general and specific guidance. I recently wrote about the latest coronavirus-specific guidance from the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC) (see HERE).
Read MoreTags: OSHA, EPA, clean water, CDC, Workplace hygiene, sanitation
OSHA issues interim enforcement procedures for COVID-19 cases
Posted by Jon Elliott on Wed, Apr 22, 2020
I wrote recently about guidance from the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC) to help employers protect their workers against COVID-19 (coronavirus) infection. (see HERE).
Read MoreTags: OSHA, Coronavirus, CDC, Covid-19, Compliance Safety
Protecting employees against coronavirus at operating workplaces
Posted by Jon Elliott on Wed, Mar 25, 2020
How can employers protect workers against coronavirus exposures? In expanding parts of the country, most employers do so by complying with applicable Shelter in Place orders. Workplaces still in operation face more complicated occupational health situations.
The Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC; directly and through its subsidiary National Institute for Occupational Safety and Health (NIOSH)) and other occupational health agencies issue guidelines for workplace safety, which can be used in locations that are still open. (This approach is typical; I wrote about their Zika Virus guidelines HERE). In addition, the Equal Employment Opportunity Commission (EEOC) provides interpretive guidance on how to apply disabilities and anti-discrimination laws to the design and implementation of protective programs.
Read MoreTags: OSHA, EEOC, Coronavirus, Protecting employees, CDC, Safety and Health at Work, Pandemic