Labor unions hoping for permanent workplace safety standards to protect healthcare staff from COVID-19 infections in the workplace were dealt a blow Friday when an appeals court denied an emergency petition they filed.

Unions pushed heavily for the Occupational Safety and Health Administration to implement a federal emergency temporary standard for medical facilities amid shifting guidance from national and local agencies through the first year of the pandemic.

OSHA did so in June 2021 with a rule mandating hospitals and other healthcare facilities follow requirements around ventilation, physical barriers and other protections intended to reduce virus transmission.

In December, the agency then announced it would withdraw the rule though it was working toward a permanent regulatory solution while considering broader infectious disease rulemaking.

As part of its 2023 state budget, New York State has allocated $1.2 billion for the payment of bonuses to certain frontline healthcare workers. This bonus program is intended to reward healthcare workers for their services during the COVID-19 pandemic and to promote employee retention and recruitment in the healthcare sector. Qualified employers who wish to participate in the program must submit claims for bonus payments for all of their qualifying employees.

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"The New York State Department of Labor clearly states that an employer may not discriminated against any employee who uses cannabis so long as the use is taking place outside of the workplace, outside of work hours, and without the use of any of the employer's equipment or property. Any employer who discriminated against an employee who smokes pot would be a violation of federal law."

"Employers are allowed to create policies which would prohibit employees from performing any and all job duties while impaired by cannabis."

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More than 2,300 monkeypox cases have been reported in New York City.

New York City officials are holding a town hall Monday to discuss the ongoing monkeypox outbreak as cases continue to climb and thousands of vaccine appointments over the weekend were swept up within minutes.

Currently, there are more than 2,300 confirmed cases in the Big Apple with Manhattan having the most at 917, according to data from the city's Department of Health and Mental Hygiene.

Watch the town hall coverage by ABC News here here

On August 11, 2022, the Centers for Disease Control and Prevention (CDC) once again revised its public health recommendations regarding COVID-19 prevention measures in general community settings, including non-healthcare workplaces. In doing so, the CDC acknowledged that “COVID-19 is here to stay,” and seemed to shift its focus from viral containment to lessening the risk of severe illness and death associated with the virus. Chief among these changes is the CDC’s removal of its quarantine recommendation – individuals are no longer advised that they should quarantine following close contact exposure to COVID-19, regardless of their vaccination status, where they do not experience symptoms or test positive.

Read the full article here and the separate recommendations for healthcare professionals here.

A New York federal judge on Wednesday dismissed a surgeon’s legal challenge that sought to roll back key pieces of a federal law that protects patients from surprise out-of-network bills.

Judge Ann Donnelly ruled against the surgeon, finding that the law is constitutional, and dismissed the case for lack of standing and dismissed the surgeon’s request for a preliminary injunction.

Katie Keith, a lawyer and health policy expert at Georgetown University who tracks surprise billing litigation, called the ruling good news for consumers.

Read the full article here

In Governor Hochul’s briefing last Wednesday 8/3/22, she announced the start of the Healthcare Worker Bonus program. This year’s state budget allocated $1.3 billion for health care worker bonuses meeting certain criteria including making under $125,000 and remaining in the position for six months.

The eligible employers have been identified and the state has launched an online portal for employers (Portal: https://www.nysworkerbonus.com/#/).

DOH has new webpage with additional information at: https://health.ny.gov/health_care/medicaid/providers/hwb_program/index.htm

Please find the press release issued by Governor’s Office and the FAQ document posted by DOH linked below.

GOVERNOR HOCHUL ANNOUNCES NEARLY 1,000 NEW FUTURE NURSES AS PART OF ONGOING EFFORTS TO STRENGTHEN AND BOLSTER NEW YORK STATE HEALTH CARE WORKFORCE[15].docx

hwb_program_faq[94][79].pdf

If you have questions, please reach out and let us know or call the HWB Call Center at 1-866-682-0077. The operating hours are Monday through Friday, 8:00 AM until 5:00 PM.

By Littler Mendelson on August 8, 2022

Governors and public health officials across the country implemented stringent mitigation measures to help contain the spread of COVID-19. As COVID-19 case rates fluctuate, face coverings are not uncommon as a preventative measure. Numerous jurisdictions have encouraged—or mandated—citizens to wear face coverings when out in public, especially when social distancing cannot be maintained effectively. Some directives also obligate employers to provide masks to their employees.

This post, last updated August 8, 2022 at 8:00 a.m. (Central), identifies the jurisdictions where face coverings are recommended or required. We will update this list periodically, as pertinent developments arise.

Note that this list does not include face covering guidance at the local level. If you would like more information, please contact your Littler attorney for additional resources that summarize such requirements at both the state and local level.

Employers interested in related information may wish to consult our article identifying statewide reopening and mitigation protocols.

Access the full article and list of state requirements here

Although MPV is less easily transmitted than COVID-19, there are several considerations employers may want to consider in terms of addressing positive MPV cases in the workplace.

1. Safety Prevention Plans:

While the CDC and state and local departments of health continue to study the rate and method of transmission of MPV, and as guidance continues to develop, employers may wish to take proactive measures to educate their employees and avoid misinformation in the workplace. These measures may include communicating to employees how MPV can be transmitted, encouraging employees to remain home when ill, and encouraging employees to take precautions to wash their hands and disinfect their work areas, and maintaining sanitizer and other disinfecting products to help ensure the safety of the workplace. Like COVID-19, plans may vary based on the workplace. For example, the CDC has issued specialized guidance for healthcare and congregate workplace settings: Infection Prevention and Control of Monkeypox in Healthcare Settings.

2. Isolation When an Employee is Diagnosed With MPV:

The CDC advises that individuals who have MPV should isolate and remain outside of the workplace for the duration of their illness, until all symptoms have resolved. This may last anywhere from two weeks to four weeks and may vary by individual.

The CDC has not issued guidance for employers outside of healthcare and congregate setting workplaces.

Employers with employees who test positive for MPV should encourage them to isolate and remain out from work, and to consult with their healthcare providers and local health departments. Local health departments around the country are tracking and issuing guidance on how to address cases of MPV. Employers should review applicable state and local paid leave laws to see if employees are entitled to paid leave due to MPV.

3. Close Contact Notification and Quarantine:

Other than for employers of healthcare and congregate care settings, the CDC has not issued any guidance regarding whether employers should notify employees who have had direct contact with someone positive for MPV while they were symptomatic, to encourage exposed employees to monitor themselves for symptoms. CDC’s guidance for exposure does not recommend quarantine at this time, provided that the exposed individuals remain asymptomatic. Instead, the guidance supports recommending exposed individuals monitor themselves for symptoms for up to 21 days and take their temperatures twice daily. Provided that exposed individuals remain asymptomatic, the CDC guidance states that exposed individuals may continue daily activities, including attending work or school.

It is anticipated that local health departments will become involved in contact tracing when they are alerted by healthcare providers of an MPV diagnosis in their jurisdiction. Employers should check applicable state and local guidance and requirements for employer contact tracing obligations, if any. In the event contact tracing obligations apply, employers should be careful not to disclose the identity of the employee who is ill with MPV.

4. EEO Considerations:

Because one way that MPV can be spread is by sexual contact, employers may want to consider taking steps to avoid the stigma potentially associated with MPV and remind their employees of applicable anti-discrimination and harassment policies. Any policies or memos addressing MPV may want to include language that MPV can be acquired by all people, regardless of gender identity or sexual orientation.

5. ADA Considerations Regarding Protecting Confidentiality, Medical Inquiries, and Exams:

Employers will want to keep in mind the confidentiality obligations under the Americans with Disabilities Act and applicable state and local law. Disability-related medical inquiries and medical examinations of current employees must be job-related and consistent with business necessity.

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Back in March 2021, when it wasn’t easy for many people to get an appointment for an inoculation against COVID-19, New York State created an incentive for employees to get vaccinated. A new provision was added to the Labor Law, requiring employers to provide paid leave time to employees to obtain each dose. As we previously noted, this statute was intended to sunset on December 31, 2022. However, as this year’s busy legislative session wound down, a bill extending the provision was delivered to Governor Kathy Hochul, who signed off on a 12-month extension of the law’s effective date, through December 31, 2023. Thus, New York employers will be required to provide their employees up to four hours of paid time off for each COVID-19 shot through (at least) the end of next year.

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