Legal Blog Articles by Thomas H. Herndon, Jr.

The delta variant and resulting spike in COVID-19 cases is forcing many New York businesses to alter their COVID-19 protocols. The Centers for Disease Control and Prevention (CDC) has also changed its mask guidance, now recommending that even fully-vaccinated people mask in “public indoor settings” in areas of high and substantial COVID-19 transmission. For employers, the rapidly evolving situation is understandably leading to uncertainty regarding health and safety protocols for the workplace.

On August 13, 2021, the U.S. Occupational Safety and Health Administration (OSHA) published its updated COVID-19 guidance to account for the CDC guidance change regarding masks. According to OSHA, the updates are intended to help employers protect workers who are unvaccinated (including people who are not fully vaccinated) or otherwise at-risk, including if they are immunocompromised. The new guidance also implements new guidance involving workers who are fully vaccinated but located in areas of substantial or high community transmission.