The Library

Unfortunately, the current pandemic state has given rise to various forms of hoarding of certain medications and other essential medical supplies. As reports about potential stockpiling of hydroxychloroquine and chloroquine by physicians began to surface, the Department of Justice announced that it would be investigating instances of this type of activity. In late March, US Attorneys in Ohio issued a public statement indicating their commitment to address situations where physicians who are prescribing anti-viral medications such as hydroxychloroquine to healthy friends or associates because there is some anecdotal evidence the drugs could treat the novel coronavirus. All US Attorneys’ Offices […]

Federal and state prosecutors are casting a wide net for potentially fraudulent and illegal activity associated with the COVID-19 pandemic, which could catch businesses and industries, who are not accustomed to such scrutiny, off guard. According to recent public pronouncements from federal and state officials, investigations into fraud, bribery, kickbacks, price-gouging, and supply-chain practices all will receive heightened attention in the coming weeks and months. The nature and scale of the coronavirus outbreak means many industries not typically in the glare of federal prosecutors or state Attorneys General could be subject to criminal investigations. What many businesses may consider to […]

The Equal Employment Opportunity Commission (“EEOC”), like other federal agencies, is releasing new guidance on a periodic basis to address issues arising during this pandemic. On April 9, the EEOC updated previously issued technical guidance adding twelve (12) new questions and the answers. The full technical guidance, including this recent update, which is in the form of Questions and Answers addresses issues that arise under the Americans with Disability Act (“ADA”) and the Rehabilitation Act of can be found here. Several points maybe of significance: A.2 Symptom Questions Permitted. Despite ADA limitation on medical inquires, employers are permitted to ask […]

Like businesses and families, government and elected leaders are also facing new challenges stemming from the coronavirus outbreak, including the all-important question: can meetings be held at all and if so, how should public meetings of governmental bodies be held? Fortunately, state law provides some guidance to local governments and other boards, commissions, and state agencies that need to meet. However, the law does include some limitations and restrictions that have necessitated pending legislative action that would significantly expand electronic meeting authority for all state and local governmental bodies. Under an amendment to the state budget proposed by Governor Ralph […]

The Equal Employment Opportunity Commission has released technical guidance in addition to what was most recently released on April 9. Today, the EEOC added 10 questions and answers, several of which involve guidance on employees returning to work. We anticipate the EEOC will continue to periodically update this guidance. The full technical guidance can be found here. Several points of significance: D.5 & 6 Employers may ask for medical documentation. If an employee requests an accommodation for a medical condition, the employer may still ask questions of the employee or request medical documentation to determine whether the employee has a […]

Employers across Virginia are concerned about protecting their employees from exposure to coronavirus infection and COVID-19 illness. Many are also asking what they can do to minimize their risk of facing a VOSH citation for failing to protect their employees from such exposure. Although there is no specific standard that OSHA has adopted concerning coronavirus exposure, failing to take reasonable steps to protect employees could be the basis of a “General Duty Clause” violation. At a minimum, employers should develop and implement infectious disease preparedness response plan that considers risks of exposure, and incorporates recommendations from sate local federal health […]

VOSH has received more than 200 complaints related to coronavirus, specifically complaints of employers providing insufficient precautions or protections for workers. VOSH investigators are responding to these complaints by contacting employers and requesting a written response setting forth the steps taken to protect workers. Employers who fail or refuse to respond to a VOSH request can expect an onsite inspection. Remember, VOSH is also an employer, so it is taking reasonable steps to keep its investigators safe and healthy. Federal OSHA has a team investigating these complaints nationally. VOSH is  currently investigating complaints remotely. We expect that VOSH investigators will […]

Social distancing has slowed the spread of the pandemic into many parts of Virginia, but the importance of maintaining both a safe workplace and positive employee morale remains a challenge.  In anticipation of the day when an employee reports that he or she has tested positive for COVID-19, employers need to have a plan. Here are some suggested practical measures to be considered as part of your plan: 1. Continual Learning: Everyone is overwhelmed with the volume of information about different aspects of the pandemic, and sadly much of it is anecdotal or rumor and is unreliable.  It is important […]

On April 10, 2020, OSHA issued a memorandum offering interim guidance to its safety and health officers for enforcing the requirements for the recording of occupational illness related to coronavirus. In this memorandum, OSHA confirmed that COVID-19 is a recordable illness under OSHA’s record keeping requirements. If an employee tests positive for coronavirus, it is a recordable illness if it is “work related” and it involves one or more of the general recording criteria (medical care beyond first aid, days away from work, etc.). Employers in healthcare industry, emergency response (emergency medical, firefighting, law enforcement) and correctional institutions must make […]