This month, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees. The ETS requires employers to adopt a vaccine mandate obligating employees to either get vaccinated or to undergo regular COVID-19 testing.
Continue Reading Stay Prepared: Create Your Customized COVID-19 Policy

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Executive Order 14042 (Ensuring Adequate COVID Safety Protocols for Federal Contractors), the resulting guidance and the recent array of class deviation contract clauses create interesting and novel federal contract compliance and practical workforce management considerations.

Husch Blackwell addressed the guidance shortly after it was first issued and has now developed a program to explore the topic at depth. Please join us as we discuss issues federal contractors and subcontractors of all tiers will have to consider now that federal agencies have started modifying existing federal contracts to include the new contract clauses, and identify ways you can prepare for and stay in compliance.
Continue Reading Navigating the Federal Contractor COVID-19 Vaccine Mandate: Legal and Practical Considerations for Federal Contractors and Subcontractors

Governor Abbott’s Executive Order

On October 11, 2021, Texas Governor Greg Abbott issued Executive Order GA-40 (the Texas Order) banning COVID-19 vaccine mandates by any entity, including private employers, in Texas. Because the Texas Order was issued while Texas remains in a state of emergency related to the pandemic, the Texas Disaster Act grants it the force and effect of law. The Texas Order states that “no entity in Texas” can compel vaccination for anyone in the state who objects “for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.” “Personal conscience” is undefined, and this ambiguity in the Texas Order makes it unclear whether an individual can object to the COVID-19 vaccine due to reasons other than religion or those medically related.
Continue Reading Texas Governor Mandates “No Mandates” for COVID-19 Vaccination

Did you miss some of the webinar, want to review some of the material or have a colleague who missed the program? The webinar recording is now available for viewing at your convenience. Simply register using the following link and you will have access to the recorded webcast. https://event.on24.com/wcc/r/3418654/CFE58C2AEF93EDB2894F6D043A5D5422?mode=login&email=priscilla.murray@huschblackwell.com

Continue Reading Legal Considerations and Future Vaccine Mandates—How to Prepare for the Federal Vaccine Mandate

On June 28, 2021, the Occupational Health and Safety Administration (OSHA) issued a new directive that establishes a change in its inspection and enforcement procedures to facilitate the uniform enforcement of OSHA’s Emergency Temporary Standard (ETS) with respect to workplace exposures to COVID-19 in the healthcare industry. The directive is effective for no more than 12 months from June 21, 2021, unless cancelled or extended by OSHA. State Plans must adopt enforcement policies that are identical to or at least as effective as the enforcement policies issued by federal OSHA by July 28, 2021.
Continue Reading Compliance Guidance for Healthcare: OSHA Directive for COVID-19 ETS

On June 9, 2021, the Occupational Safety and Health Administration (OSHA) released its long anticipated interim final rule and request for comments for the Occupational Exposure to COVID-19; Emergency Temporary Standard (ETS). OSHA released the ETS one day after the approval of the standard was received from the Office of Information and Regulatory Affairs, Office

As of April 27, 2021, 29.1% of the U.S. population has been fully vaccinated for COVID-19. With COVID-19 vaccine eligibility expanding to the general public, and states and cities relaxing COVID-19 restrictions, employers face the new challenge of navigating a partially vaccinated workforce. We previously addressed questions related to return-to-work and vaccination issues for employers here. Below are some additional, and recent, questions we’ve received from clients related to this topic.
Continue Reading Funny You Should Ask: Employer Considerations for a Partially Vaccinated Workforce

As mandated by President Biden’s January 21 Executive Order, OSHA has announced a National Emphasis Program (NEP) designed to protect workers from contracting COVID-19.  On March 12, 2021, OSHA announced its new national emphasis program that targets high-risk establishments in high-risk industries for programmed inspections and provides a heightened focus on employers that retaliate against employees who report or complain about unsafe working environments. In conjunction with the NEP, OSHA also issued an updated Interim Enforcement Plan to provide guidance on the policies and procedures it will employ to reduce and eliminate the risk of transmission of COVID-19 in the workplace. The issuance of the NEP is a strong indication that OSHA enforcement activity will increase in the short term.
Continue Reading OSHA Enforcement Activity Relating to COVD-19 Exposures Expected to Increase Under New NEP and Updated Interim Enforcement Response Plan

The FDA could approve two COVID-19 vaccines within a matter of days. However, drug makers have tried to keep expectations in check about how much vaccine they can deliver immediately and over the next few months as they grapple with supply chain and manufacturing challenges. In Safety Law Matters, we write about limited and

Register today to join our very own Healthcare lawyers, Jenna Brofsky and Timothy A. Hilton, and Husch Blackwell Labor and Employment and Health and Safety lawyers Brittany M. Falkowski and Avi Meyerstein as they present various issues and action steps employers should consider as they develop plans involving the much-anticipated COVID-19 vaccine. While there