On August 30, the federal Occupational Safety and Health Administration issued its long-anticipated proposed regulation requiring affected employers to plan for and address heat exposure risks in the workplace. The proposed...more
The vast majority of citations issued by the Occupational Safety and Health Administration involve accidents or negligent behavior that result in injury or illness resulting from inanimate objects, hazardous materials, or...more
After years of development, the federal Occupational Safety and Health Administration issued proposed regulations last week intended to address employee exposure to dangerous heat and humidity while at work. Affected...more
For several years, the federal Occupational Safety and Health Administration has been working on a safety standard intended to address worker exposure to heat stress and related medical issues. With summer temperatures...more
In recent years, we have had a number of clients report suspected employee overdoses at their facilities. The growing availability and potency of fentanyl and other opiates has resulted in an epidemic of overdoses and deaths....more
Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more
5/17/2024
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Masks ,
Reasonable Accommodation ,
State Labor Laws ,
Vaccinations ,
Workplace Safety
Most affected employers understand their obligations to comply with the Occupational Safety and Health Administration’s control of hazardous energy (commonly called “lockout/tagout”) rules found at 29 C.F.R. §1910.147. These...more
On March 18, the U.S. Supreme Court denied petition for review of an appellate court decision addressing an important question for many employers. In Chancey v. BASF Corp., the Supreme Court declined review of a Fifth Circuit...more
Last month, we reported on the federal Occupational Safety and Health Administration’s expansion of its Severe Violator Enforcement Program (SVEP). SVEP designation marks employers for a higher number of safety inspections...more
Employers subject to Occupational Safety and Health Administration (OSHA) inspections commonly believe that the investigators need to find something to cite to justify the time and resources spent on the investigation....more
With the end of warmer weather across much of the U.S., the number of OSHA complaints involving heat exposure will decrease until next year. While OSHA continues to report that it is working on a comprehensive heat stress...more
In July, the federal Occupational Safety and Health Administration announced a National Emphasis Program (NEP) focusing on warehouse and distribution facilities. A NEP is an enforcement initiative put into place when OSHA...more
Last month, the owner of a Colorado construction company pled guilty to criminal manslaughter charges following the death of an employee as the result of a trench collapse. According to the federal Occupational Safety and...more
Last week, the federal Occupational Safety and Health Administration issued proposed regulations that would allow a wide range of third-party representatives to accompany OSHA investigators during workplace investigations....more
The Washington State Department of Labor and Industries (DLI) and Amazon are engaged in a high-stakes dispute over the agency’s ability to require changes at warehouse operations intended to reduce what the state...more
With summer in full swing, employers should remain aware of employee safety risks associated with heat stress. The federal Occupational Safety and Health Administration continues work on a heat exposure safety standard after...more
Workers’ Compensation law is a double-edged sword. While employers cannot avoid Comp liability based on the employee’s negligent behavior, the injured employee cannot sue the employer outside of the Comp system for damages...more
As spring weather begins in many parts of the U.S., higher temperatures are just around the corner. Now is a good time for employers to review their response to situations involving employee exposure to high temperatures....more
Section 662(d) of the Occupational Safety and Health Act (OSH Act) allows employees to file suit against employers seeking compliance with the Occupational Safety and Health Administration’s (OSHA) safety standards in urgent...more
During the height of the COVID-19 pandemic, employers were understandably concerned that regardless of the measures taken to prevent workplace infections, employees could still place co-workers and third parties in...more
The federal Occupational Safety and Health Administration (OSHA) continues its efforts to scrutinize employers considered to have ignored or minimized safety issues discovered during prior inspections. OSHA previously...more
In our experience, most employers outside of the health care industry have largely lost interest in mandating COVID-19 vaccinations. Given the less lethal variants that cause most current infections, along with lowered rates...more
It may seem like a lifetime ago, but employers may recall that in late 2021, the federal Occupational Safety and Health Administration (OSHA) withdrew its health care emergency temporary standard (ETS) for COVID-19,...more
The federal Centers for Disease Control and Prevention (CDC) has released new guidance on the control and prevention of the COVID-19 virus. The guidance makes significant changes in CDC recommendations for responding to...more
Earlier this month, the Biden administration declared a national health emergency based on the spread of the monkeypox virus. Employers that have endured the COVID-19 emergency may be asking whether there are any steps...more