The Occupational Safety and Health Administration (OSHA) released its much-anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), which will be effective November 5. The ETS requires all employers with 100 or more employees to either (1) mandate COVID-19 vaccinations; or (2) require unvaccinated employees to wear masks and test for COVID-19 on at least…

The Mandates On September 9, 2021, the Biden administration instructed OSHA to develop an Emergency Temporary Standard (ETS) requiring employers who are subject to OSHA regulations, with more than 100 workers, to either mandate vaccination that employees receive the COVID-19 vaccination or be subjected to weekly testing for the virus. The administration has also mandated…

Did you know… The North Dakota Legislature reconvened last week after its mid-session break better known as “crossover.” House bills are now being considered by the Senate and Senate bills by the House. The House and Senate heard a number of employment related bills in the days leading up to the February 24 deadline to…

By Briana Rummel As healthcare providers make difficult decisions related to the COVID-19 pandemic, they may wonder if the decisions expose them to liability for professional negligence. In a recent article published in North Dakota Medical Association‘s the North Dakota Physician magazine, healthcare attorney Briana Rummel provides some guidance regarding COVID-19 immunity protections and limitations. Click the link…

Did you know . . .  On February 17, the City of Fargo extended its mask mandate through at least March 22.  For employers located in Fargo, this mandate means that face coverings are still required in all indoor workplaces, unless an individual is exempt, such as for a medical condition or disability that prevents…

Two bills before the North Dakota House of Representatives inspired by the COVID-19 pandemic were recently defeated. House Bill 1204 proposed an exemption to mask mandates in the workplace for medical or religious reasons, unless the employer determined wearing a mask was essential due to the nature of the employment setting. Although the bill failed …

We previously reported to you that a bill pending before the North Dakota legislature that would have prohibited most employers from enacting mandatory COVID vaccine policies. House Bill 1301 would also have provided immunity to employers from most COVID-19 lawsuits.  The House on a 77 to 15 vote resoundingly defeated HB 1301.  As a result,…

Did you know . . . The North Dakota legislature is considering a bill that would prohibit most employers from enacting mandatory Covid vaccine policies? House Bill 1301 would prohibit non-healthcare employers from mandating immunization for any communicable disease – including Covid-19 – as a condition of obtaining or maintaining employment.  The bill, if passed,…

Did you know . . . Although the North Dakota statewide mask mandate expired on January 18, 2021, the City of Fargo extended its mask mandate until at least February 18, 2021.  Both the North Dakota Department of Health and Centers for Disease Control (CDC) further continue to strongly recommend and encourage the consistent and…

Einstein once said, “Failure and deprivation are the best educators and purifiers.”  As we close the book on 2020 and look forward to finally . . . finally . . . making it to 2021, the moment seems right to pause.  Although Covid is far from over and social unrest over the election has shaken…