Montana News & Analysis

Employees are trying to find creative ways to avoid COVID-19 vaccinations and testing, for example, by alleging their privacy rights are being violated under the Genetic Information Nondiscrimination Act (GINA). Read on to learn why that approach doesn't work.

The Occupational Safety and Health Administration (OSHA) recently updated its guidance on mitigating and preventing the spread of COVID-19 in the workplace because of the high incidence of the delta variant infections occurring throughout the country. The agency's updated guidance is advisory in nature and informational in content and is "intended to assist employers in providing a safe and healthful workplace free from recognized hazards that are causing or likely to cause death or serious physical harm." OSHA's updated guidance is primarily aimed at non-healthcare employees, whose workplaces are subject to its mandatory COVID-19 Emergency Temporary Standard. The updated guidance also incorporates additional safety measures for higher risk workplaces.

On September 1, 2021, the Occupational Safety and Health Administration (OSHA) released a memorandum (https://www.osha.gov/laws-regs/standardinterpretations/2021-09-01) establishing a new enforcement initiative to prevent and protect employees from heat-related severe illnesses and deaths while working in hazardous hot indoor or outdoor environments.

The COVID-19 pandemic continues to disrupt many facets of employment, including how managers and employees communicate about performance. Like last year, employers are struggling to decide how to assess employee performance when so much of the workforce is nowhere near back to normal. The "annual review" process was under attack in many circles before the pandemic struck, but its shortcomings are now even more evident. What should employers do? Here are a few ideas.