Category: COVID-19
Department of Labor & Industries Amends Emergency Rule for Temporary Housing of Workers
Managing temporary housing for workers has been a significant undertaking for employers since the onset of the Covid-19 pandemic. In May of 2020, the Washington State Department of Health and the Department of Labor & Industries issued emergency rules to provide employers with guidance on how to keep employees safe…
Sixth Circuit Upholds Vaccine Mandate for Large Employers
Earlier this month, the U.S. Court of Appeals for the Sixth Circuit lifted a stay by the Fifth Circuit on President Biden’s federal vaccine mandate for employers with 100 employees or more. The mandate is now set to take effect in 2022 – unless the U.S. Supreme Court steps in….
Federal OSHA Emergency Temporary Standard on vaccination and testing for employees is temporarily stayed by 5th Circuit Court of Appeals
Over the past 18 months, employers have learned to adapt to rapidly changing circumstances in light of the Covid-19 pandemic. The recent spate of vaccine mandates is the latest front in pandemic-related employment concerns. The Biden administration promulgated an emergency temporary standard (ETS) mandating employers with 100 or more workers…
OSHA Reveals Standard to Implement Vaccine Mandate
On November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) released its Emergency Temporary Standard (ETS) which implements President Biden’s vaccine-or-test requirement for private employers with 100 or more employees. Oregon has an approved OSHA state plan and must adopt rules that are “at least as…
Washington Implements Masking and Vaccine Mandates
With increases in COVID-19 caused by the delta variant, the state of Washington and the Department of Labor and Industry have provided updated guidance and extended masking and vaccination rules for business’s and workers. Governor Inslee has amended Proclamation 20-25 to adopt a recent face covering order issued by the…
Oregon OSHA Issues Temporary Rules Repealing Mask and Distancing Requirements
On June 25, 2021, Governor Brown issued an Executive Order stating Oregon would lift its mask mandates, capacity limits, and social distancing guidelines effective June 30, 2021. Oregon employers must also comply with the COVID-19-related rules imposed by the Oregon Occupational Safety & Health Administration (OSHA), which include Oregon OSHA’s…
Oregon OSHA Adopted Permanent COVID-19 Workplace Rules May 4, 2021
On May 4, 2021, the Oregon Occupational Health & Safety Administration (OSHA) adopted permanent workplace rules related to COVID-19. The temporary rules OSHA previously adopted on November 6, 2020 also expired on May 4, 2021. In replacing the temporary rule with a permanent rule, OSHA changed some provisions as more…
Governor Inslee Expected to Sign Additional COVID-19 Related Legislation
Over the past year, the Washington legislature has passed several bills meant to protect workers from the impacts of COVID-19. During the most recent session, additional legislative bills have been passed by the House and Senate creating additional protections for workers impacted by COVID-19 and future public health concerns. These…
Washington L&I Updates Guidance on Out-of-State Travel for IMEs
For employers with Washington claims involving individuals who have moved out of state, the pandemic has made it very difficult to obtain independent medical examinations. As travel restrictions ease, new guidance from the Department of Labor & Industries makes it more feasible to set IMEs in Washington for out-of-state claimants….
Washington Workers’ Compensation in a Work from Home World
If there is one thing the pandemic showed us – outside of the beauty of sourdough and the ease of making chicken stock – it is that the modern office construct could be a thing of the recent past. The evolution of at-home work necessarily poses additional questions regarding injuries…
BOLI Passes Permanent Rules Relating to OFLA Sick Child Leave During Public Health Emergency
In March 2020, Oregon Bureau of Labor and Industries (BOLI) temporarily expanded Oregon Family Leave Act leave to extend protected leave to include employee leave related to their child’s school or childcare closure. In March 2021, BOLI made the temporary rules permanent. OFLA, in general provides, protected leave to employees…
Washington Legislature Considers New Presumptions for COVID-19
In the past, the Washington legislature created presumptive workers’ compensation causation for firefighters and workers at the Hanford Site. The legislature is close to creating a presumption for frontline workers who contract COVID-19 as well. Two bills creating such a presumption, as well as expanding unemployment benefit coverage to workers…
Join Attorney Jamie Carlton in Webinar: Can Employer’s Require Vaccines?
Join SBH Attorney Jamie Carlotn and Nicolle Farup of Good Company HR as they discuss whether employers can and should require vaccines. This all-important webinar will take place on March 24, 2021 at 10:00 am via Zoom. Register here.
Oregon OSHA Proposes “Permanent” COVID-19 Rules
Recently, Oregon OSHA formally proposed a “permanent” COVID-19 rule to replace the temporary rule, which is set to expire May 4, 2021. Oregon OSHA’s rule making authority does not allow a temporary rule to be extended; therefore, OSHA must adopt a permanent rule to keep its COVID-19 protections in place….
As COVID-19 Pandemic Continues, Washington’s Department of Labor & Industries Continues to Adapt
As the COVID-19 pandemic endures and uncertainty surrounds vaccine roll outs, the virus continues to impact our everyday lives and how we conduct our businesses. Washington workers’ compensation is no exception, and the Department of Labor & Industries has issued guidelines, frequently asked questions, emergency rules, and modified standard operating…
As COVID-19 cases continue to surge, keep in mind OAR 436-060-0141 requirements before issuing a denial
As COVID-19 cases continue to surge in Oregon, it is reasonable to anticipate a corresponding surge in workers’ compensation claims related to confirmed COVID-19 cases and/or presumed exposures that require quarantine. When processing these claims, keep in mind the Workers’ Compensation Division’s temporary rule, OAR 436-060-0141, that went into effect…
Employer Resources for Compliance with Oregon OSHA’s Temporary COVID-19 Workplace Standards
The recently adopted Temporary Rule Addressing COVID-19 Workplace Risks by the Oregon Occupational Safety and Health Administration (OR-OSHA) includes a series of requirements for employers operating in Oregon and clarifies standards on physical distancing, face coverings, and workplace sanitation practices. Under the rule, employers are required to (among other things)…
FFCRA Leave not Extended under New Stimulus Bill
Earlier this year, Congress passed the Families First Coronavirus Response Act (FFCRA) which required covered employers to provide eligible employees with paid leave for specific COVID-19 related reasons. The FFCRA allows up to 80 hours of paid leave with an additional 10 weeks under certain circumstances. Beginning April 1, 2020,…
EEOC Provides Guidance on Employer Mandated COVID-19 Vaccination
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) provided updated guidance on the subject of vaccines in the wake of the Food and Drug Administration’s (FDA) authorization of the Pfizer/BioNTech and Moderna vaccines for emergency use. The guidance sets out the framework by which employers can implement…
COVID 19 Travel Restrictions – Impact on Independent Medical Examinations in Washington
On November 13, 2020 Washington state governor Jay Inslee issued a travel advisory recommending that people arriving in Washington from other states or countries, including returning Washington residents, self-quarantine for 14 days after arrival. On November 24, 2020, the Department of Labor and Industries announced that in light of the…
OR OSHA still has not passed final rules relating to COVID-19
In June 2020 Oregon OSHA announced it would implement temporary workplace rules to address the COVID-19 hazard. Oregon OSHA expected it would have the final rule in place by September 1, 2020. After four drafts of the proposed rule, there is still no final rule. However, Oregon OSHA expects to…
Oregon WCD Issues Revised Temporary Rule on Claims for COVID-19 or Exposure to COVID-19
The Workers’ Compensation Division has issued OAR 436-060-0141, a temporary rule addressing claims for COVID-19 and claims for exposure to COVID-19. The rule will remain in effect for 180 days while the Department works on a permanent rule. The rule covers claims for COVID-19 as well as presumptive cases where…
As the COVID pandemic continues, where does the Oregon Workers’ Compensation Division stand on telemedicine?
In March 2020, the Division set out temporary rules to address fees related to telemedicine appointments following Governor Brown’s “Stay at Home Order.” The temporary rules increased the amount of fees that would be paid to medical providers for telemedicine visits so that providers would be able to serve more…
Oregon Workers’ Compensation Board now administering hearings and mediations via “Zoom” platform
Since April, under Governor Brown’s “Stay home, Save lives” Executive Orders, the Workers’ Compensation Board (WCB) hearings divisions have not administered any in-person hearings or mediations. Quite obviously, this development and ongoing complication has presented many hurdles for all parties seeking to obtain expeditious resolutions to litigated claims and issues….
Getting Back to Work in a COVID World
As we all begin to return to work following the loosening of restrictions, it is important to take stock and prepare for the future. By now it should be clear to all of us that COVID will likely be with us for a while. Not only must employers prepare to…
