OSHA Defers to CDC Mask Guidance for Vaccinated Workers

On Monday, May 17, 2021, on the heels of the CDC relaxing mask and distancing restrictions for fully vaccinated people, OSHA revisited its previous guidance recommending face coverings in the workplace. While the agency noted that it is still evaluating the new guidelines, OSHA provisionally advised employers to refer to the CDC for workforce safety measures for fully vaccinated workers.

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COVID-19 Vaccination Planning for Employers: Questions to Consider for Policy and Practice

As COVID-19 vaccines become more widely accessible, and certain localities relax COVID-19 restrictions, employers hoping to ramp up on-site operations or reduce absenteeism face a new challenge: navigating employee vaccination. Employers are evaluating whether to mandate, strongly suggest or simply remain neutral regarding COVID-19 vaccinations and on-site work.

The considerations surrounding workplace vaccination programs are complex. Business justifications and accommodation issues, potential public relations and employee relations pitfalls, the impact of vaccination on workforce safety procedures, litigation risks on multiple fronts — these are just the beginning. To help piece together this business and regulatory puzzle, we have compiled a list of issues organizations should consider as they set policy and communication plans regarding on-site work and COVID-19 vaccines. We have also identified issues to consider with regard to the practical application of any such policy and the development of related communications to employees or others.

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CDC: All Air Passengers Traveling From the U.K. to the U.S. Must Have Proof of a Negative COVID-19 Test

In a bid to help contain the new coronavirus strain found in the U.K., the Centers for Disease Control and Prevention (CDC) issued an order requiring proof of a pre-departure, negative COVID-19 test result for all airline passengers — including U.S. citizens and lawful permanent residents — traveling from the U.K. to the U.S. The order officially went into effect on December 27, 2020.

For the full alert, visit the Faegre Drinker website.

Now What? COVID-19 + Flu Season

Many workplaces are likely to see a rise in flu activity at the same time as an increased rate of COVID-19 infections. The paramount concern for all employers should be keeping sick workers out of the workplace. Now is the time to get ahead of the questions that are likely to arise. The CDC’s and other guidance will certainly continue to evolve, and it is important to continue to monitor developments and adjust policies accordingly. However, having a plan in place will bode well for employers and employees alike and will provide a solid starting place to incorporate new guidance as it is issued.

For the full alert, visit the Faegre Drinker website.

What Does New Jersey’s Lifting of the Stay-At-Home Order Mean for Office-Based Workers? … Not Much.

On June 1, 2020, New Jersey Governor Phil Murphy announced that the state is on track and expected to enter Stage/Phase 2 of the Restart and Recovery Plan on June 15, 2020, which will permit nonessential retail businesses to reopen to the public and permit in-person outdoor dining, so long as required social distancing and other mitigation protocols are followed. Personal care service providers, such as hair salons, nail salons and barber shops are scheduled to reopen on June 22, 2020.

On June 9, 2020, Governor Murphy signed Executive Order No. 153, lifting the stay-at-home order that had been in place since March 21, 2020. Executive Order No. 153 states, among other things, “Paragraph 2 of Executive Order No. 107 (2020), which requires New Jersey residents to remain home or at their place of residence with limited exceptions, is hereby rescinded.”

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Legal Considerations for Reopening the Workplace

On March 18, 2020, Governor Andrew Cuomo enacted Executive Order 202.6, temporarily closing all nonessential businesses in response to the coronavirus outbreak. In late April, Governor Cuomo issued guidance announcing a phased approach to reopening businesses that requires regions across New York State to satisfy seven criteria involving a drop in the infection rate, increased capacity in healthcare systems, increased ability to administer diagnostic tests and isolate new cases, and a capacity to implement contact tracing. With eight out of the state’s ten regions satisfying Governor Cuomo’s criteria, municipalities and businesses around the state prepare to return to work.

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