Citing OSHA’s refusal to develop an employer safety standard to protect against COVID-19 infections, Virginia’s health department is moving forward with the country’s first workplace rule to prevent or reduce infections in the workplace that could be a model for other states to use.
November 15, 2026
Employment lawyers expect an “explosion” of lawsuits over workplace exposures to COVID-19 in the coming months and are warning employers to closely follow guidance from OSHA, the Centers for Disease Control and Prevention (CDC) and other agencies to either avoid such complaints or provide solid defenses against them.
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A newly published study finds public accusations against employers that violate OSHA standards are significantly more effective at boosting compliance than the agency’s facility inspections alone, not only at those workplaces but also at nearby competitors, concluding that “regulation by shaming” should be a top priority for OSHA.
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The Center for Progressive Reform (CPR), a think tank that advocates for “robust” health and safety rules, is floating an aggressive agenda for federal agencies and Congress to protect workers from COVID-19, including issuance of an emergency OSHA standard to prevent infections that the agency is refusing to issue.
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The AFL-CIO is asking the full U.S. Court of Appeals for the District of Columbia Circuit to review a three-judge panel’s decision rejecting its bid to force OSHA to craft an emergency temporary standard (ETS) for the COVID-19 pandemic, saying the panel judges “wholly failed to consider” several issues in their two-page ruling.
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OSHA is ramping up release of several new guidance documents to aid employers in preventing COVID-19 infections as they reopen following states’ relaxation of limits on in-person gatherings and businesses, adding to the agency’s approach of using non-binding guides rather than binding rules to target the virus.
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Democrats and pro-regulatory group Public Citizen are opposing Republicans’ push to waive liability for employers whose workers contract COVID-19 on the job, signaling what could be an intense political battle ahead as the Senate GOP has said the waivers will be a top priority for any future COVID-19 relief bill.
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Congressional Democrats are backing a federal lawsuit by Amazon employees alleging that the online retailer failed to protect workers at a New York City warehouse from COVID-19 infections, setting up a test of companies’ duty to follow state safety mandates during the pandemic after OSHA declined to issue an emergency standard.
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A federal appeals court has rejected trade unions’ bid to force OSHA to craft an emergency temporary standard to protect workers from COVID-19, holding that the agency’s decision to rely on existing rules and guidance deserves “considerable deference” because of the “unprecedented” nature of the current pandemic.
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OSHA is launching its next round of Susan Harwood Training Grants despite the Trump administration’s long-running efforts to defund the program, marking a win for defenders of the grants that support training and education for workers and employers on workplace safety and health hazards, responsibilities and rights.
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