On January 14, 2023, the Washington Department of Labor & Industries (L&I)’s COVID-19 (coronavirus) emergency rules that had been in place for temporary worker housing (TWH) in the agriculture industry expired and were not renewed. While this means that the remaining emergency restrictions have been lifted, agricultural employers providing TWH must continue…
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Governor Jay Inslee ended the COVID-19 public health emergency for the state of Washington on October 31, 2022, but employers still have some obligations under state law. As we previously reported, the continuing requirements for COVID-19 (coronavirus) stem from Washington’s Health Emergency Labor Standards Act (HELSA) and from an ongoing obligation to…
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Governor Jay Inslee has announced that he will end Washington’s declared public health emergency (PHE) due to COVID-19 (coronavirus) on October 31, 2022. As he previously announced, 12 health care related orders will end on October 27. The remaining COVID-19 emergency proclamations, including the state of emergency, will be rescinded at the…
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On July 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance regarding COVID-19 (coronavirus) and the Americans with Disabilities Act (ADA). These FAQs scale back the agency’s approval of mandatory COVID-19 screening measures and clarify several other COVID-19 related issues. Viral screening tests and “business necessity”: The EEOC now says…
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On June 8, 2022, the California Department of Public Health (CDPH) changed the definition of a COVID-19 “close contact” to someone sharing the same “indoor airspace” (instead of the prior standard of being within 6 feet) for a cumulative total of at least 15 minutes over a 24-hour period during the infectious period of a…
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On May 20, 2022, Washington’s Department of Labor & Industries (L&I) and Department of Health (DOH) made yet another update to the emergency COVID-19 (coronavirus) safety rules for temporary worker housing (TWH) in the agriculture industry. The rules took effect immediately. Here are the important changes: Education on exposure and testing positive: The previous version of the rules required…
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The Department of Homeland Security (DHS) has again extended its temporary relaxation of the standards for physically inspecting a new worker’s employment eligibility documents when completing the Form I-9. This extension of the relaxed standard now expires on October 31, 2022. As we originally reported, DHS relaxed the requirement for employers operating remotely and unable to physically inspect…
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On April 6, 2022, the Washington Department of Labor and Industries (L&I) filed its emergency workplace safety rule to address COVID-19 (coronavirus), which is now effective through August 4, 2022. The prior rule expired on April 6, 2022. The updated rule (Public Health Emergency Reporting and Notification Requirements for Infectious and…
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On March 18, 2022, Oregon OSHA updated its Rule Addressing COVID-19 Workplace Risks (OAR 437-001-0744), eliminating some requirements for general workplaces, making some provisions merely recommended, and continuing nearly all of the requirements for “exceptional risk” workplaces (such as health care settings). Our Legal Guide, At a Glance: COVID-19 Compliance in Oregon has…
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The U.S. Department of Homeland Security (DHS) is ending its COVID-19 temporary policy that allowed employers to accept List B identity documents that expired on or after March 1, 2020. Effective May 1, 2022, you must only accept unexpired List B identity documents for completing Form I-9. If an employee…
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