Jul 21 2022

COVID-19DisabilityHarassment & DiscriminationHiringSafety and Health  

EEOC updates guidance on COVID-19 screening for employers

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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Jul 07 2022

Q&ADisabilityDrug and AlcoholHiringSafety and Health  

Q&A: Hiring before receipt of drug test and background check is risky

Question: Our company is struggling to find workers and keep operations running efficiently. All employment offers are conditioned on passing a preemployment drug screen and background check. We’ve been allowing new hires to start working before we receive the results from our third-party vendors. We just learned that an employee who has…

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Jul 07 2022

COVID-19Safety and Health  

CALIFORNIA: CDPH updates definition of “close contact”

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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Jun 16 2022

Safety and Health  

OSHA assesses large penalties for two employers’ safety violations

The federal Occupational Safety and Health Administration (OSHA) recently cited two companies after it found the employers exposed workers to serious hazards that resulted in the death of two individuals. A plastics company in Ohio faces $291,086 in penalties after an employee died while trying to clear plastic parts stuck in…

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Jun 03 2022

Safety and Health  

Washington Alert: Emergency regulations for outdoor heat exposure and wildfire smoke released

On June 1, 2022, emergency regulations for outdoor heat exposure and wildfire smoke were released. This Alert summarizes both sets of regulations, which take effect on June 15, 2022. WASHINGTON: L&I issues emergency rules for outdoor heat Washington’s Department of Labor and Industries (L&I) has released emergency requirements to protect workers from outdoor heat…

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Jun 02 2022

COVID-19Safety and Health  

WASHINGTON: COVID-19 temporary worker housing rules updated 5/20

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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Jun 02 2022

Safety and Health  

WASHINGTON: Emergency wildfire smoke regulations issued

On June 1, 2022, Washington’s Department of Labor and Industries (L&I) issued emergency regulations requiring employers to protect workers from wildfire smoke. The rules are effective June 15, 2022, through September 29, 2022. Vigilant will publish an Alert on the Washington emergency wildfire smoke rules in the next few days and update…

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Jun 02 2022

Safety and Health  

WASHINGTON: Emergency rules for outdoor heat exposure published

On June 1, 2022, Washington’s Department of Labor and Industries (L&I) released emergency rules for outdoor heat exposure. The emergency rules will be effective starting on June 15, 2022, until September 29, 2022. The rules temporarily expand Washington’s permanent outdoor heat exposure rules, which are in effect annually from May 1 through…

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May 19 2022

Safety and Health  

OREGON: Permanent heat illness rules take effect June 15, 2022

Oregon OSHA recently adopted permanent heat illness prevention rules, which apply to all workplaces (general industry and agriculture), as well as employer-provided housing, effective on June 15, 2022. In 2021, Oregon OSHA created temporary heat illness rules (as we reported in an Alert last year), but they expired. When the…

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May 19 2022

Safety and Health  

OREGON: Permanent wildfire smoke rules effective July 1, 2022

On May 10, 2022, Oregon OSHA adopted permanent regulations to address workers’ exposure to wildfire smoke. The rules go into effect July 1, 2022, and apply to all outdoor workers who are exposed to wildfire smoke where the ambient air concentration for fine particulate matter equals or exceeds an Air Quality…

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