January 20, 2022

Volume XII, Number 20

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OSHA Issues Updated COVID-19 Guidance to Match CDC’s July 27th Protocol on Masks Indoors in Public Places even for Fully Vaccinated Employees in Substantial or High Transmission Areas

On Friday, August 13, 2021, OSHA issued an updated Guidance document regarding COVID-19 Plans and the General Duty Clause. OSHA has now adopted CDC’s July 27th Protocol in which Fully Vaccinated employees must wear masks indoors in “Substantial” or “High” Transmission areas. While OSHA states that the “Guidance” is not a “Standard,” the General Duty Clause is mentioned in substance and by name several times, amounting to OSHA indicating that OSHA will consider the Guidance likely to suffice for employers to have “knowledge” of a hazard likely to cause death or serious illness. Since March 2020, OSHA’s Guidance has continually urged employers to have a written COVID-19 Plan. Healthcare employers are required unless exempt or excepted to have a written COVID-19 Plan as of a final date of July 21st under the Emergency Temporary Standard. All other employers should strongly consider, more than ever, a written COVID-19 Plan with visible signs of protective measures in the workplace to seek to avoid an OSHA General Duty Clause citation in the event of an outbreak with one in-patient hospitalization or other inspection that can be expanded into a COVID-19 inspection due to the National Emphasis Program updated by OSHA on July 7, 2021. Be Prepared – Have a Written COVID-19 Plan to document your protective measures regardless of your industry!

© Steptoe & Johnson PLLC. All Rights Reserved.National Law Review, Volume XI, Number 242
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About this Author

William J. Wahoff, Steptoe Johnson, Title VII Discirimination Attorney, Employment Litigation Lawyer,
Member

Bill Wahoff’s primary focus is health and safety law, including OSHA on a national basis, workers’ compensation, Ohio VSSR, and intentional tort litigation defense. He has vigorously represented employers at several thousand administrative hearings, in numerous court cases, including jury trials, and mandamus actions.  He also has significant experience representing employers in federal and state court employment litigation and in labor negotiations. He has handled ADA, FMLA, and race, gender-based, Title VII discrimination cases and has bargained with the UAW,...

(614) 456-1654
Michael Flowers, Steptoe Johnson Law Firm, Corporate Law and Finance Attorney
Of Counsel

Michael Flowers focuses his practice in the areas of business, real estate, and corporate finance law.  He is a former Chief Legal Counsel of KBK Enterprises (a multi-state real estate development company) where he was in charge of business activities and real estate projects. Mr. Flowers is a former partner of Bricker & Eckler, LLP and has extensive experience in corporate law, corporate governance, corporate financing, mergers and acquisitions, leveraged buyouts, formation of business entities, venture capital financing and emerging entity representation, and...

614-456-1655
Kevin West, Energy Attorney, Steptoe Johnson Law Firm
Member

For over 25 years, Kevin West's practice has been focused on the energy industry, both as an outside and in-house attorney.  His practice includes complex litigation, asset and stock transactions, lease transactions, and land and legal due diligence for acquisitions.  He has managed the governmental affairs process and drafted legislation regarding natural gas operations.  He has also defended clients charged with violations of federal criminal laws.  Mr. West is the Managing Member of the Columbus, Ohio office.

(614) 458-9889
Timothy McKeen, Energy Attorney, Steptoe Johnson Law FIrm
Member

Tim McKeen focuses his practice in oil and gas law throughout the Appalachian Basin, specializing in title, due diligence and mineral acquisitions.  Mr. McKeen is the author of the American Association of Professional Landmen's Ohio comparative law article on oil and gas and is a frequent speaker for industry groups on oil and gas issues throughout Ohio, West Virginia and Pennsylvania.  He has also authored several law review articles on Ohio oil and gas issues.  Mr. McKeen is the Leader of the firm's Mineral Title and Energy Real Estate team and is also the Managing...

(304) 231-0473
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