National Institute for Occupational Safety and Health (NIOSH) Director John Howard is warning employers against strictly applying guidance NIOSH issued with the Centers for Disease Control and Prevention (CDC) on reducing workplace COVID-19 infections, saying new research on the virus can render such guides “stale.”
Lawmakers have agreed to a short-term COVID-19 recovery package that drops both Republicans’ demand for employer liability waivers and Democrats’ proposed aid to state and local governments, teeing up a potential return to that long-running battle in the early days of President-elect Joe Biden’s term.
Several employers and national business groups are suing California OSHA (Cal/OSHA) over its recently adopted COVID-19 emergency temporary standard (ETS), claiming in part that a mandate to provide paid leave for sick or exposed workers exceeds the agency’s authority, and that the rulemaking sidestepped key procedural requirements.
California Attorney General Xavier Becerra (D), selected to be President-elect Joe Biden’s health services chief, is petitioning a state court to order Amazon to respond to several subpoenas seeking information about the company’s COVID-19 worker safety protocols and the status of COVID infections at its facilities across the state.
A bipartisan group of senators that has been seeking to negotiate a compromise COVID-19 relief bill has failed to find common ground on combining funding provisions with employer liability relief and OSHA enforcement, and has split the workplace issues into a separate measure that employee safety advocates strongly oppose.
Employers’ attorneys expect the Biden OSHA to step up a long list of enforcement activities, including conducting more inspections, filing more claims of “egregious” safety violations, seeking higher penalties and invoking the multi-employer doctrine more frequently, alongside a binding COVID-19 standard and other new rules.
Workers at a Pennsylvania meat-packing plant suing OSHA to force enforcement action over alleged COVID-19 hazards are attacking the agency’s formal decision not to cite the facility, arguing that the Trump administration is ignoring its own guidance to employers and allowing them to impose unsafe working conditions without penalty.
Virginia is readying a permanent version of its first-in-the-nation COVID-19 emergency temporary standard (ETS) that will apply to a range of infectious diseases rather than only the current pandemic -- potentially providing a model for the Biden OSHA if it follows a similar rulemaking track.
Amazon workers are appealing a federal district judge’s decision that said courts should defer to OSHA on workplace standards for COVID-19 even when states have their own policies in place that establish broader infection-control mandates for the pandemic, setting up a novel appellate hearing on the subject.
The California Chamber of Commerce is advising employers to be aware of several new COVID-19 worker safety laws that will take effect in the state on Jan. 1, including sweeping legislation that mandates companies issue varying notices and carry out other responses for workplace COVID-19 infections.