On June 10, 2021, OSHA released the long-awaited COVID-19 Emergency Temporary Standard (ETS) for workplace safety during the COVID-19 pandemic. The ETS requirements are limited to workers in the healthcare industry, and the...more
6/11/2021
/ Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employee Training ,
Health and Safety ,
Healthcare Workers ,
Masks ,
OSHA ,
Sanitation ,
Secretary of Labor ,
Social Distancing ,
Vaccinations ,
Ventilation Systems ,
Workplace Safety
A recent 10th Circuit decision exemplifies the types of inquiries an employer may make under the Americans with Disabilities Act (ADA) – ones which are “job-related and consistent with business necessity.” The ADA otherwise...more
New information from U.S. Department of Labor officials indicates that OSHA’s COVID-19 Emergency Temporary Standard (ETS) is delayed, but still on the table and under review. Pursuant to President Biden’s Executive Order, if...more
On March 12, 2021, the Occupational Safety and Health Administration (OSHA) rolled out a National Emphasis Program (NEP) to address the ongoing COVID-19 pandemic. NEPs are tools utilized by the Agency, on a temporary basis,...more
3/16/2021
/ Agricultural Sector ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Food Manufacturers ,
General Duty Clause ,
Health and Safety ,
Industrial Sector ,
Infectious Diseases ,
Joe Biden ,
NAICS ,
NEP ,
Occupational Exposure ,
OSHA ,
Restaurant Industry ,
Retailers ,
Workplace Safety
OSHA has issued updated COVID-19 guidance in response to President Biden’s recent Executive Order...
...more
President Biden is off to a fast start when it comes to occupational safety and health. In addition to appointing an acting head of OSHA, the president has issued an executive order addressing COVID-19 in the...more
As the U.S. rolls out the COVID-19 vaccine, the interplay between safety and ADA employee accommodations is on employers’ minds. How will employers deal with accommodations? ADA claims involving safety precautions may offer a...more
12/16/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Effective immediately, Cal/OSHA’s emergency temporary standards (adopted November 30, 2020) require nearly all California employers to implement a COVID-19 Prevention Program or ensure its elements are included in an existing...more
On June 11, 2020, in the matter of In re: AFL-CIO, No. 19-1158 (D.C. Cir. June 11, 2020), the U.S. Court of Appeals for the D.C. Circuit upheld OSHA’s March 6, 2020 decision not to issue an emergency temporary standard...more
As employees begin returning to work, the court’s decision in Rural Community Workers Alliance et al. v. Smithfield Foods Inc. et al., No. 5:20-cv-06063 (W.D. Mo. May 5, 2020) may influence whether courts hear claims about...more
The Occupational Safety and Health Administration (“OSHA”) was busy this week. In a long-anticipated move, the Agency on Thursday announced its final rule rescinding a portion of its “Tracking of Workplace Injuries and...more
OSHA may soon make it easier for employers to comply with the agency’s Respirable Crystalline Silica in Construction Standard. The standard, which OSHA announced in 2016 and began to fully enforce last fall, seeks to protect...more
3/12/2018
/ Construction Industry ,
Employer Liability Issues ,
Hazardous Substances ,
Occupational Exposure ,
OSHA ,
Popular ,
Regulatory Standards ,
Silica ,
Toxic Exposure ,
Workplace Hazards ,
Workplace Safety
Last week the United States Court of Appeals for the D.C. Circuit issued a long-awaited opinion in a case involving numerous challenges to OSHA’s silica in construction standard. ...more
12/27/2017
/ Administrative Procedure Act ,
Appeals ,
Construction Industry ,
Employer Liability Issues ,
Hazardous Substances ,
Occupational Exposure ,
OSHA ,
Regulatory Standards ,
Silica ,
Toxic Exposure ,
Workplace Hazards ,
Workplace Safety
On December 18, 2017, OSHA announced that it will be accepting electronic submissions of OSHA 300A data through midnight on December 31, 2017. The previous deadline for those employers who are required to electronically...more
Just before the Thanksgiving holiday, OSHA announced another extension of the deadline for many employers to electronically report data from their 2016 OSHA 300A forms from this Friday, December 1st, to Friday, December...more
Several sources have reported that OSHA is moving forward to revise its “Improve Tracking of Workplace Injuries and Illnesses” rule which, as of now, will require many employers to electronically report data from their 2016...more
On October 27, 2017, the White House announced its intention to nominate Scott Mugno to the position of Assistant Secretary of Labor for OSHA. Mr. Mugno currently is the Vice President for Safety, Sustainability and Vehicle...more
On October 19, 2017, OSHA’s Acting Deputy Assistant Secretary issued interim guidance to Regional Administrators on the new Respirable Crystalline Silica in Construction Standard. In this guidance, OSHA explains that as of...more
On September 20, 2017, OSHA’s Acting Deputy Assistant Secretary issued a memorandum to Regional Administrators on the new Respirable Crystalline Silica in Construction Standard, which becomes effective September 23, 2017. In...more
On June 28, 2017, OSHA proposed a five-month extension for certain employers to electronically file their 2016 OSHA 300A Annual Summary Forms with OSHA. The deadline is currently set to arrive on July 1, 2017. As proposed,...more
OSHA has announced that it “intends to propose extending the July 1, 2017 deadline” for the first phase of its rule requiring the electronic submission of injury and illness records. ...more
Last week, OSHA rescinded a controversial 2013 interpretation letter that allowed union representatives – including organizers – to participate in OSHA inspections at non-union workplaces. Many employers and employer groups...more
On April 6th, OSHA announced a delay in the enforcement of its crystalline silica standard in the construction industry. Enforcement will be delayed until September 23, 2017, so that additional outreach, educational...more