California Supreme Court to File its Decision in a Derivative Immunity Claim Tomorrow

The California Supreme Court will file its much-anticipated decision regarding KUCIEMBA v. VICTORY WOODWORKS, Case: S274191, on Thursday, July 6, 2023, at 10:00 am (PT). The Court had accepted the request of the US Court of Appeals for the Ninth Circuit to answer a question of state law regarding employers' liability in COVID claims. Briefs are now available online (See below).

Defining Disability in the Era of COVID

The definition of “disability” can be complicated in various occupational statutes. In a Law Against Discrimination [LAD] N.J.S.A. 10:5-1 to -50 claim alleging the “perception of COVID” as a disability, the NJ Appellate Court declined to accept the plaintiff's claim. Guzman v. M. Teixeira International, Inc., NJ: Appellate Div. 2023.

Back to Work is Going to be Back to COVID

The US Centers for Disease Control [CDC] announced today a continuation of its flawed strategy to reduce the plateaued high transmission rates of COVID throughout the US. As workers return from summer vacation, COVID transmission will remain very high, and the workforce will be subject to primary and repeat COVID infections.

What is our COVID-19 Future?

Over the last two years, chaos has reigned in the workplace as workers, employers, and insurance companies attempted to adjust to the emergence of COVID and its multiple variants. While infectious diseases have impacted occupational environments in the last century, the lack of preparation was totally inadequate.

NJ vaccine mandate imposed for Health Care Workers and others

NJ Governor Phil Murphy signed Executive Order No. 283, requiring covered workers at health care facilities and high-risk congregate settings to be up to date with their COVID-19 vaccinations, including having received a booster dose. All covered workers will be required to be vaccinated by the dates set forth in the Order and will no longer be permitted to submit to testing as an alternative to vaccination, except for the purposes of providing accommodation for individuals exempt from vaccination as set forth in the covered setting’s vaccination policy. This requirement aims to strengthen protections against the spread of COVID-19 and the highly transmissible Omicron variant to vulnerable populations across the state.

CMS stopped from imposing vaccine mandate

The Centers for Medicare and Medicaid Services [CMS] has been halted from imposing a vaccine mandate on a wide range of healthcare facilities. A federal court in Missouri found in favor of a group of 11 Republican states when it issued an injunction against the proposed rule.

OSHA Sues Texas Company Over Whistleblower Firing

As the coronavirus began to spread rapidly across the nation in March 2020, an employee of one of the world’s largest manufacturers of light, medium, and heavy-duty trucks told a supervisor of their concerns about exposure to the virus at the Denton facility.

A Season of Storms: Assessing and Preparing for the Next Pandemic - The 20th Annual Law Firm COO & CFO Forum

A Season of Storms: Assessing and Preparing for the Next Pandemic 

Among the many sobering realities of the past 21 months is the growing chorus of medical personnel warning of the next pandemic. For many, it is less a question of if but when a novel zoonotic virus will make its presence known across the globe. Indeed, with SARS-CoV-2 just one of an estimated 500,000+ pathogens capable of spilling over from animal to human, the onus is on public health and government officials to proactively identify and curtail nascent threats—all while weathering the existing storm. 

COVID Boosters: What Employees and Employers Need to Know

Many employers and state governments are mandating that employees be vaccinated against COVID. Confusion remains over the rapidly changing landscape of booster doses as reports of waning or compromised immunity even though a worker is considered “fully vaccinated” when the original series of doses are completed. 

NJ Governor Murphy Signs Executive Order Instituting Vaccination or Testing Requirement for All Child Care Center Personnel

NJ Governor Phil Murphy signed Executive Order No. 264, requiring all child care center personnel to be fully vaccinated against COVID-19 by November 1 or be subject to COVID-19 testing at minimum one to two times per week. Additionally, effective September 24, and in accordance with CDC recommendations, the Order also clarifies that all employees, visitors, students, and children aged two and over must wear facemasks indoors, with limited exceptions. These requirements will strengthen protections against COVID-19 to children in these settings who are all under 12 years old and not yet eligible for vaccination.

NJ Division of Workers’ Compensation Announces Limited in-person Proceedings Effective August 16, 2021

Effective Monday, August 16, 2021, the N.J. Division of Workers’ Compensation shall implement a cautious return to normal operations with the resumption of limited in-person proceedings and an increase of on-site presence of workers’ compensation judges and court staff as set forth below.  

Vaccines highly effective against hospitalization from Delta variant

An encouraging analysis by PHE shows for the first time that two doses of COVID-19 vaccines are highly effective against hospitalization from the Delta (B.1.617.2) variant. Unfortunately, those who aren’t vaccinated face increased risk. 

OSHA Finally Acts: Is It Too Little and Too Late?

Today OSHA released a COVID Emergency Temporary Standard [ETS] for health care workers and guidance for workers, not in a health care setting. OSHA’s action comes about a year and a half after the COVID-19 Pandemic began and when over half of the nation’s workforce has already the protection of received an initial vaccination.

VA Podcast: Emerging from the Pandemic - New Guidelines are Out, Can We Trust Them?

Emerging from the Pandemic - New Guidelines are Out, Can We Trust Them? 

CDC Is Seeking Occupational Health Partners to Vaccinate

The Centers for Disease Control and Prevention (CDC) is seeking the participation of occupational health partners to vaccinate essential workers. This action will encourage employers and workers’ compensation insurance companies to assist in vaccinating essential workers.

More than half of COVID-19 health care workers at risk for mental health problems

A new study suggests more than half of doctors, nurses, and emergency responders involved in COVID-19 care could be at risk for one or more mental health problems, including acute traumatic stress, depression, anxiety, problematic alcohol use, and insomnia. The researchers found that the risk of these mental health conditions was comparable to rates observed during natural disasters, such as 9/11 and Hurricane Katrina.

NJ Receives 1,181 COVID Complaints

The New Jersey Department of Labor and Workforce Development (NJDOL) received 1,181 complaints from workers and customers in the first four weeks of Gov. Murphy’s executive order expanding workplace protections during COVID-19. 

ACLU Files Lawsuit Against Meatpacking Plant for Treacherous COVID-19 Conditions

While the workers’ compensation system was established to shield employers from civil actions, in certain circumstances employers may still bring a cause of action directly against the employer. Essential workers in Nebraska have sued their employer for operating a meatpacking plant under conditions that were unsafe during the COVID-19 pandemic. This case highlights the need for employers to formulate worker safety protocols during the COVID-19 Pandemic.

OSHA Cites Bergen New Bridge Medical Center, For Failing to Protect Workers from the Coronavirus

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited CarePlus Bergen Inc., doing business as Bergen New Bridge Medical Center, for violating respiratory protection standards at its Paramus, New Jersey, location. OSHA cited the hospital for two serious violations, with proposed penalties of $9,639.

OSHA Cites Hackensack Meridian Health in North Bergen, New Jersey, For Failing to Protect Employees from Coronavirus

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Hackensack Meridian Health Residential Care Inc. OSHA issued two serious citations and one other-than-serious violation for failing to protect employees from exposure to the coronavirus at its North Bergen, New Jersey, facility. OSHA proposed a penalty of $28,070 for the violations.