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Employers, Prepare Yourselves: OSHA to Begin Inspections to Ensure Compliance with COVID-19 Regulations

March 16, 2022

Over the next three months, the Occupational Safety and Health Administration (OSHA) intends to inspect healthcare facilities that have been issued Hazard Alert Letters to “verify and assess compliance actions taken” related to COVID-19 safety violations. A “healthcare facility” is any setting where an employee provides healthcare services or healthcare support services. Examples include hospitals, outpatient clinics, and private doctor’s offices.



Although this initiative will not create any new obligations upon healthcare employers, the current Healthcare ETS remains in effect, obligating healthcare facilities to maintain records of employees who have been positive for COVID-19 and report all COVID-19 related hospitalizations and deaths.

OSHA will accept continued compliance with the Healthcare ETS as one method of satisfying employers’ existing obligations under OSHA regulations.


Inspections for facilities selected as part of this initiative will fall into several categories: (1) follow-up inspections where a COVID-19-related citation or hazard alert letter (HAL) was issued; (2) follow-up or monitoring inspections for randomly selected closed COVID-19 unprogrammed activity (UPA); or (3) monitoring inspections for randomly selected, remote-only COVID-19 inspections where previous citations were issued.


Each inspection will include an assessment of COVID-19 mitigation strategies. The 22 states with approved State OSHA Plans are not required to implement this initiative. Massachusetts is a federal OSHA state, and therefore must abide. Connecticut, however, has an OSHA-approved state plan that only covers local and state government workers, not private sector employees.


Employers should remain cognizant of state and local vaccine mandates and other requirements that may impact COVID safety procedures. It is highly recommended that employers retain counsel to assess COVID-related safety measures to ensure full compliance with the latest OSHA regulations.


If you are a healthcare facility and would like more information on OSHA inspections or legal counsel in assessing OSHA compliance for your business, please contact the attorneys at The Royal Law Firm at (413)-586-2288.

Massachusetts’ Superior Court Judge Rules Recording in Workplace Admissible

February 19, 2025
The Massachusetts Superior Court found that Massachusetts’ wiretap statue does not bar employers from using allegedly illegally obtained recordings in civil proceedings. In a recent case, an employee claimed she was forced to resign. Plaintiff’s coworker recorded an argument between the Plaintiff and her supervisor without her consent and shared it with supervisors. The employee then sued for discrimination and retaliation, along with two counts for violation of the wiretap statute. Massachusetts is a two-party consent state but, in this case, it was found that the consent of only one party was needed because nothing in the Wiretap Statute bars the use of an allegedly illegally obtained communication in a civil proceeding. The court found that the provisions about the use of illegally obtained communications in evidence are limited to criminal trials. However, depending on the court, results may differ, as this recording was central to proving and/or disproving the Plaintiff’s claim, and as such, the recording was indispensable as a piece of evidence. Issues with unauthorized recordings have been arising all the time in civil proceedings because recording devices are everywhere, whether they be a cell phone, laptop or other recording device. This ruling is good for employers, as if there is an otherwise inadmissible recording that is made that disproves an employee’s claims, it can be admissible as evidence if meets the same scenario above. However, employers must be careful to use these recordings as they may be inadmissible and may not show the same thing that the employer believes in the court’s eyes. This being said, it is prudent to consult an attorney before utilizing a recording for any employment action or in legal action to avoid unwanted consequences. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

After the DEI Executive Order

February 14, 2025
What Are the Compliance Requirements for Private Employers?
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