On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released the text of its highly anticipated proposed standard that, if finalized, would create the first federal standard aimed at protecting workers...more
On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection.
...more
4/1/2024
/ Corporate Counsel ,
Employer Liability Issues ,
Final Rules ,
OSHA ,
Registered Representatives ,
Regulatory Oversight ,
Safety Inspections ,
Safety Violations ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
On October 31, 2023, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced that the agencies have executed a Memorandum of Understanding (MOU) “to strengthen the...more
In a recently published interpretation letter, the U.S. Occupational Safety and Health Administration (OSHA) opined that an employee’s gunshot injury—sustained when a motorist collided with three other cars, shot the...more
On August 24, 2023, as part of its ongoing heat illness prevention rulemaking effort, the Occupational Safety and Health Administration (OSHA) released various options for inclusion in a proposed rule to address heat injury...more
On August 29, 2023, the U.S. Occupational Safety and Health Administration (OSHA) released a proposed rule that would resurrect an Obama-era policy that allowed employees to designate third-party representatives to accompany...more
8/30/2023
/ Comment Period ,
Employer Liability Issues ,
Health and Safety ,
Labor Reform ,
OSHA ,
Proposed Rules ,
Regulatory Agenda ,
Safety Inspections ,
Third-Party Service Provider ,
Workplace Hazards ,
Workplace Safety
On July 21, 2023, the Occupational Safety and Health Administration (OSHA) published a final rule in the Federal Register amending its regulation on Improved Tracking of Workplace Injuries and Illnesses. The final rule...more
On March 1, 2023, the Occupational Safety and Health Administration (OSHA) formally convened the Small Business Advocacy Review (SBAR) Panel regarding a possible Prevention of Workplace Violence in Healthcare and Social...more
3/16/2023
/ Employer Liability Issues ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Hostile Environment ,
Labor Reform ,
OSHA ,
Policies and Procedures ,
Regulatory Agenda ,
SBREFA ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence
The U.S. Court of Appeals for the Third Circuit has affirmed dismissal of a lawsuit challenging a determination by the Occupational Safety and Health Administration (OSHA) that conditions at a meatpacking plant did not...more
The latest wave of the COVID-19 pandemic has barely been contained, yet employers are now being hit with employee inquiries related to monkeypox. As this virus spreads, states and localities are declaring emergencies while...more
Under current OSHA regulations, establishments with 250 or more employees in industries that are required to keep their OSHA injury and illness records must submit information from the Form 300A Injury and Illness Log...more
The Occupational Safety and Health Administration (OSHA) recently announced in a memorandum it will proceed with a highly focused, short-term initiative directed at general medical and surgical hospitals, psychiatric and...more
On January 13, 2022, the United States Supreme Court granted emergency relief to stay implementation of the Occupational Health and Safety Administration (OSHA)’s Emergency Temporary Standard (ETS) regarding COVID-19. ...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, January 7, 2022, the U.S. Supreme Court will hear oral argument regarding two of the Biden administration’s most contentious COVID-19 workplace health and safety policies: the Occupational Safety and Health...more
1/5/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Oral Argument ,
OSHA ,
SCOTUS ,
Vaccinations ,
Workplace Safety
On the evening of December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the federal Occupational Safety and Health Administration (OSHA) COVID-19 Emergency Temporary Standard...more
12/20/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
It has been a difficult couple of months for California employers seeking to navigate planning for possible changes to their workplace safety plans, in view of multiple new sources of potential obligations. ...more
11/22/2021
/ Biden Administration ,
Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal v State Law Application ,
Infectious Diseases ,
OSHA ,
Preemption ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, November 12, the U.S. Court of Appeals for the Fifth Circuit issued an order staying enforcement and implementation of the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 “vaccine or test”...more
11/15/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Motion To Enjoin ,
New Rules ,
Non-Delegation Doctrine ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Eight weeks after President Joseph R. Biden’s announcement, the federal Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) requiring all employers with at least 100 employees...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The federal government’s complicated multi-pronged approach to implementing COVID-19 safeguards related to federal contractors has left many confused. ...more
10/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
In recent weeks, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has signaled efforts to increase its scrutiny of work activities that may expose workers to heat-related hazards. ...more
9/22/2021
/ Construction Site ,
Employer Liability Issues ,
Health and Safety ,
Heat Exposure ,
Labor Reform ,
NEP ,
OSHA ,
Regulatory Agenda ,
Regulatory Standards ,
Rulemaking Process ,
Workplace Hazards ,
Workplace Safety
On September 9, 2021, President Biden released his COVID-19 Action Plan, Path Out of the Pandemic (the “Plan”). The Plan mandates vaccination against COVID-19 for employees working for employers that have 100 or more...more
9/15/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Popular ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On August 13, 2021, OSHA issued updated guidance to better align with the Centers for Disease Control and Prevention’s July 27, 2021 recommendations, given the rising cases of the COVID-19 Delta variant. The guidance’s...more
8/18/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
The California Division of Occupational Safety and Health, better known as Cal/OSHA, recently issued safety and health guidance for agricultural employers to help prevent the spread of COVID-19 in the workplace....more
Employers are doing their best to respond to the 2019 New Coronavirus (2019-nCoV) epidemic. The outbreak that began in China has rapidly evolved into a global crisis. It has caused turbulence in financial markets, forced...more
2/18/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Collective Bargaining Agreements (CBA) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Handbooks ,
Employer Liability Issues ,
Infectious Diseases ,
International Travel ,
Multinationals ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Travel Restrictions ,
Traveling Employee ,
Workplace Safety ,
World Health Organization
Employers are struggling to determine how to respond to the 2019 novel coronavirus (2019-nCoV) outbreak, which, while originating in China, has swiftly turned into a perceived international crisis, upending financial markets,...more
1/30/2020
/ Centers for Disease Control and Prevention (CDC) ,
China ,
Collective Bargaining Agreements (CBA) ,
Confidential Information ,
Corporate Counsel ,
Employee Benefits ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hong Kong ,
Infectious Diseases ,
International Travel ,
OSHA ,
Protected Class ,
Public Health ,
Traveling Employee ,
Wage and Hour ,
Workplace Safety