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On April 20, 2021, the Department of Labor s Occupational
Safety and Health Administration (OSHA) issued guidance regarding employers
obligation to record adverse actions to the COVID-19 vaccine.
The guidance, which is in the form of answers to three frequently
asked questions, clarifies that if an employer adopts a mandatory
vaccination policy, an adverse reaction to the COVID-19 vaccine is
recordable on an employer s OSHA 300 log if the reaction is:
(1) work-related; (2) a new case; and (3) meets one or more of the
general recording criteria set forth in 29 C.F.R. 1904.7.
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On March 29, 2021, Florida Governor Ron DeSantis signed into law
Florida Statute 768.38, granting significant protections to
business entities, educational institutions, governmental entities,
and religious institutions from claims related to COVID-19 if they
made a good faith effort to follow guidelines to prevent the spread
of the coronavirus. The law is effective immediately and applies to
actions filed after March 29, 2021.
Recognizing the financial impact that the pandemic has had
across the State of Florida, the new law aims to dissuade potential
claimants from filing meritless claims for personal injuries,
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Le vendredi 16 avril 2021, le gouvernement provincial de
l Ontario a annoncé la mise en Suvre de mesures
supplémentaires afin de réduire la propagation de la
COVID-19.
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On Friday, April 16, 2021, the provincial government of Ontario
announced the implementation of additional measures to reduce the
spread of COVID-19.
Notable restrictions for employers are as follows:
extension of the provincial stay at home order
until at least May 20, 2021;
increased focus by the Ministry of Labour on workplace
inspections and enforcement of existing restrictions, including
Does this fact pattern sound familiar?
Employer has a COVID-19 policy requiring employees with
COVID-like symptoms or exposure to a COVID-positive (or suspected
COVID-positive) person to report the same to Human Resources.
If reported, the employee is required to not come to work (or go
home) and to self-isolate or quarantine for 14 days, consistent
with CDC Guidance.
Seems easy enough. But then an employee calls work exactly two
weeks prior to a company-paid holiday, and reports not feeling well
(fever, slight cough, and muscle fatigue) – typical COVID-19
symptoms. The employee is told to stay home
and get better, but not to come to work for 14 days
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As we previously reported, OSHA recently launched a National Emphasis Program (NEP), focusing
efforts on workplace COVID-19 concerns. The NEP guidance specifies
that OSHA will be directing heightened enforcement efforts on
companies that put the largest number of workers at serious risk of
contracting the coronavirus, such as hospitals, assisted living
centers, and other health care and emergency response providers
treating COVID-19 patients. The NEP guidelines also note that
in an anti-retaliation effort, OSHA will be targeting
establishments where employees have complained about unsafe or