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.

Vaccine Mandate-EEOC: Employers that demonstrate “undue hardship” are not required to accommodate an employee’s request for a religious accommodation

The U.S. Equal Employment Opportunity Commission (EEOC) declared that religious objectors to employer COVID-19 vaccine requirements need not be accommodated in certain circumstances.

OSHA cites insurance agency for exposing workers to coronavirus

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the exact Denver location where an employee died with COVID-19.

Is It Your Employer’s Business if You Are Vaccinated?

Privacy issues have arisen as employers throughout the U.S. are mandating and/or encouraging COVID vaccinations. The U.S. Department of Health and Human Services [H.S.S.] recently issued guidance on workplace vaccinations and the Health Insurance Portability and Accountability Act (H.I.P.P.A.), 42 U.S.C.A. § 201 et seq. 

NJ Appellate Division Rules That The City of Newark Can Implement Its Vaccine Mandate

The  NJ Appellate Division held that the Mayor of the City of Newark has the authority, as a managerial prerogative, to mandate that all City employees be fully vaccinated against COVID-19. Nine unions representing City employees filed unfair labor practice charges against the City with the Public Employment Relations Commission (PERC). The unions had requested an injunction to prevent implementing the mandate before the City negotiated with the unions. A Director of PERC issued an order granting in part and denying the unions' request for preliminary injunctive relief.

NJ Announces Indoor Mask Requirement for Beginning of 2021-2022 School Year

Joined by educators, medical professionals, parents, and school administrators, NJ Governor Phil Murphy today announced that all students, educators, staff, and visitors will be required to wear face masks indoors for the start of the 2021-2022 school year. The Governor signed Executive Order (EO) 251, which will mandate masking in the indoor premises of all public, private, and parochial preschool, elementary, and secondary school buildings, with limited exceptions. The EO is effective on Monday, August 9, 2021. 

Court Upholds Mandatory Vaccination or Termination

A Federal court has dismissed an action brought by 117 employees against Houston Methodist hospital’s policy requiring employees to be vaccinated against COVID-19 by June 7, 2021, or be terminated.

U.S. Equal Employment Opportunity Commission Issues Update On Vaccinations

The following is shared from the U.S. Equal Employment Opportunity Commission eeoc.gov 

OSHA cites 6 contractors for exposing workers to falls

Six contractors constructing luxury single-family homes at the future site of Hawthorne Estates in Medford put workers at risk of serious or fatal injuries by failing to comply with federal requirements to prevent falls, the leading cause of death in the construction industry.

After multiple on-site investigations, the U.S. Department of Labor’s Occupational Safety and Health Administration cited the companies for exposing workers to falls and other dangerous safety hazards while erecting walls and sheathing roofs.

OSHA initiated three of the inspections as part of its Regional Emphasis Program on Falls in Construction. During the first on Oct. 20, 2020, the compliance officer observed workers exposed to falls and other hazards. Inspectors observed the same hazards during a second inspection two days later, prompting the third inspection on Oct. 31.

After the three inspections, OSHA proposed total penalties of $244,397 and cited the companies collectively for four willful and 35 serious violations, including exposing workers to falls greater than 6 feet and not providing personal protective equipment. The companies, citations and proposed penalties are:

Company Name	City	State	Citations	Proposed Penalty
Claudio DeSousa, operating as Lifetime Contractor Corp.	Philadelphia	PA	2 willful 14 serious	$107,279
Lezinho Sousa, operating as Lifetime Contractor Corp.	Pennsauken	NJ	2 willful 9 serious	$87,381
WSJ Construction	Asbury Park	NJ	3 serious	$16,383
Gustavo Quintomillno, operating as Lifetime Contractor Corp.	Beverly	NJ	4 serious	$12,874
LWJ Construction LLC	Long Branch	NJ	3 serious	$12,288
RMM Contractor LLC	Long Branch	NJ	2 serious	$8,192

"A fall can permanently alter or end a worker’s life in a matter of seconds," said OSHA Area Director Paula Dixon-Roderick in Marlton, New Jersey. "Contractors and subcontractors in the construction industry have a legal obligation to comply with the law and ensure their workers end their shifts safely. When employers fail to follow requirements, OSHA will hold them responsible to the fullest extent of the law.”

OSHA encourages employers to use its Stop Falls online resources, including detailed information on fall protection standards in English and Spanish. The site offers fact sheets, posters and videos that illustrate various fall hazards and appropriate preventive measures.

The companies have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. 

Governor Murphy Announces Intention to Nominate Rachel Wainer Apter to Serve on the New Jersey Supreme Court

At Ruth Bader Ginsburg Hall at Rutgers–Newark, Governor Phil Murphy today announced his intention to nominate Rachel Wainer Apter to the New Jersey Supreme Court to fill the seat of Associate Justice Jaynee LaVecchia, who will retire at the end of the current Court term on August 31, 2021. The appointment will first be sent to the New Jersey State Bar Association’s Judicial and Prosecutorial Appointments Committee. With the Committee’s approval, the Governor will proceed with a formal nomination, subject to advice and consent in the Senate.

OSHA cites New Jersey frozen dessert manufacturer after second amputation injury on same machine

Despite two severe amputation injuries in 2018 and 2020 on the same machine at a Lakewood ice cream manufacturing plant, a recent federal safety and health inspection found the company continues to ignore protocols designed to prevent other workers from suffering similar injuries.

OSHA fined an Ohio company following a partial arm amputation

While cleaning an auger used to rice potatoes, a 39-year-old production worker found her left arm caught in a running auger. The worker suffered multiple lacerations and the partial amputation of her arm. Co-workers had to cut the auger apart to free her arm.

EEOC Cases: 58% Retaliation-36.1% Disability

The U.S. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns for the 67,448 charges of workplace discrimination the agency received in Fiscal Year (FY) 2020. The agency secured $439.2 million for victims of discrimination in the private sector and state and local government workplaces through voluntary resolutions and litigation.  The comprehensive enforcement and litigation statistics for FY 2020, which ended on Sept. 30, 2020, are posted on the agency’s website, which also includes detailed breakdowns of charges by state.

Cannabis Legislation Enacted in NJ

Today the NJ Legislature approved, and Governor Phil Murphy signed sweeping legislation to legalize the sale of recreational marijuana. Today's action follows the legislative enactment of medical marijuana laws in NJ and case law approving medical marijuana for the treatment of work-related injuries.

Just Published - Workers' Compensation Law 2021 COVID-19 Update

Jon Gelman’s* newly revised and the updated treatise on Workers’ Compensation Law has been published by Thomson Reuters®. The treatise is the most complete and research integrated work available on NJ Workers’ Compensation law. Updated annually for over 35 years, this body of work provides practical tips, objective analysis, and academic support for the workers' compensation community.

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.

Coronavirus (COVID-19) - The workers' compensation community should support TTSI

The workers' compensation community should play an active role to contain the spread of COIVD-19. Labor, Industry and insurance companies must be encouraged to participate in contact tracing, testing and supported isolation [TTSI]. All reports of illness and incidents of COVID-19 should trigger reportable investigations that are co-ordinated with local and state health agencies. Communication with employees should be encouraged for testing, isolation and expansion of contact testing.

OSHA Fines Palisades Park NJ Contractor $1.9 Million For Safety Hazards

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is proposing penalties against BB Frame LLC – operating as Frame Q and as Juan Quevedo (the owner and principal) – for exposing workers to multiple safety hazards at four Bergen County, New Jersey, worksites. OSHA conducted five investigations beginning in December 2019 of the Palisades Park, New Jersey, framing contractor and is proposing $1,997,125 in penalties.

Rep. Maloney Joins with Industry and Trade Association Leaders to Introduce the Pandemic Risk Insurance Act

Congresswoman Carolyn B. Maloney (D-NY), senior member of the House Financial Services Committee, today joined with various stakeholders to introduce H.R. 7011, the Pandemic Risk Insurance Act of 2020 (PRIA). This legislation will create the Pandemic Risk Reinsurance Program, a system of shared public and private compensation for business interruption losses resulting from future pandemics or public health emergencies.