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On March 10, 2020, the Occupational Safety and Health Administration (OSHA) issued Guidance for employers to prevent occupational exposures to the coronavirus. In doing so, OSHA reminds employers that while no specific standard governs occupational exposure to the coronavirus, the Occupational Safety and Health Act’s General Duty Clause, 29 U.S.C. § 654 (a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

The Guidance contains recommendations and describes safety and health standards that, if followed, could help employers reduce potential enforcement actions for employees who may be exposed to COVID-19 in the workplace. While recognizing it may not be possible to eliminate a COVID-19 outbreak hazard, the Guidance lists what OSHA believes to be effective protective measures (from most to least effective): engineering controls, administrative controls, safe work practices (a type of administrative control), and personal protective equipment (PPE).
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In a recent decision, the Court of Federal Claims rejected the Government’s motion to dismiss a lawsuit filed under the Tucker Act seeking to recover “risk corridors” payments pursuant to §1342 of the Affordable Care Act. In Health Republic Insurance Co. v. U.S. (Jan. 10, 2017), the Court held that “HHS is required to make