News & Analysis as of

Workplace Safety Regulatory Reform

Sheppard Mullin Richter & Hampton LLP

OSHA Issues Final Rule Clarifying an Employee’s Ability to Have a Non-Employee Representative Present During Inspection

On April 1, 2024, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) published its Final Rule clarifying the rights of employees to designate a non-employee representative to be present...more

Conn Maciel Carey LLP

MSHA Releases Final Rule: Safety Program for Surface Mobile Equipment

Conn Maciel Carey LLP on

The Mine Safety & Health Administration (“MSHA”) has finally published its final rule on Safety Programs for Surface Mobile Equipment. This final rule has been a long time coming. ​​​​​​​MSHA originally published a Request...more

Spilman Thomas & Battle, PLLC

New Occupational Safety and Health Administration Injury Reporting Rules

To improve the tracking of workplace illnesses and injuries, OSHA on January 2, 2024 began requiring electronic submission of OSHA Forms 300 and 301. Additionally, the following new changes and requirements go into effect,...more

Spilman Thomas & Battle, PLLC

OSHA: A Look Forward into the 2024 Regulatory Agenda

There are several items at the Occupational Safety and Health Administration that should be on employers’ radars in 2024. 1. New injury reporting rules for certain industries take effect in January 2024, requiring more...more

Seyfarth Shaw LLP

DOL Proposes Regulations Authorizing Union and Other Third-Party Representation of Employees During OSHA Inspections

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Labor has announced notice and comment rulemaking as it seeks to revise its regulations regarding who can be authorized by employees to act as their representative to accompany OSHA...more

Robinson+Cole Construction Law Zone

OSHA Moves to Clarify Construction PPE Standard

On July 20, 2023, the Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking to clarify the personal protective equipment (PPE) standard for the construction industry....more

Robinson+Cole Construction Law Zone

Another Law Will Increase Construction Costs in New York

New York recently enacted legislation known as Carlos’ Law, which increases penalties for corporate liability for the death of, or serious injury to, an employee.  The bill, S.621B / A.4947B, was named after Carlos Moncayo, a...more

Robinson+Cole Manufacturing Law Blog

OSHA to Expand the Use of Instance-by-Instance Penalties

At the end of March, a new OSHA policy will go into effect expanding penalties for instance-by-instance (IBI) citations. The move signals OSHA’s stated commitment to increased enforcement in 2023 and beyond....more

Littler

OSHA Withdraws Proposal to Revoke Arizona’s State Plan

Littler on

On February 14, 2023, the federal Occupational Safety and Health Administration (OSHA) announced that it would be withdrawing its proposal to reconsider and revoke Arizona’s State Plan. This announcement was expected by many...more

Perkins Coie

NLRB Prepares To Issue New Joint Employer Standard in 2023

Perkins Coie on

The National Labor Relations Board (the Board) released its notice of proposed rulemaking (Proposed Rule) to establish a new “joint employer” legal standard under the National Labor Relations Act (NLRA) on September 6, 2022....more

Robinson+Cole Health Law Diagnosis

OSHA Taking Comments on Proposed Permanent Healthcare COVID-19 Standard

OSHA has partially reopened the rulemaking record and scheduled an informal public hearing to seek comments on several topics relating to the development of a final standard to protect healthcare and healthcare support...more

Proskauer - California Employment Law

New Bill Seeks to Impose Statewide COVID-19 Vaccine Requirement for All Employees and Contractors

On February 10, 2022, Assemblymember Buffy Wicks introduced Assembly Bill 1993 (“AB 1993”), which would impose COVID-19 vaccination requirements on virtually all employees and independent contractors working in California,...more

Goulston & Storrs PC

New York State Publishes HERO Act Model and Industry Plans for Returning to Work

Goulston & Storrs PC on

By August 5, 2021, all employers with worksites in New York state must either: (i) adopt a model plan promulgated by the Department of Labor or (ii) develop and establish an alternative plan that meets the minimum standards...more

Manatt, Phelps & Phillips, LLP

Private NY Employers Required To Adopt Prevention Standard Plans by August 5 to Comply With NY HERO

On July 6, the New York State Department of Labor (NYS DOL) published the Airborne Infectious Disease Exposure Prevention Standard (“Prevention Standard”), a model airborne infectious disease exposure prevention plan (“Model...more

Littler

NY DOL Publishes its Airborne Infectious Disease Exposure Prevention Plan in Accordance With the NY HERO Act

Littler on

As we previously reported, in an effort to prevent occupational exposure to an airborne infectious disease, the New York legislature on May 5, 2021 passed the New York Health and Essential Rights Act, or NY HERO Act, which...more

Stinson LLP

Biden Administration Issues Wide-Ranging Executive Orders to Protect Workers

Stinson LLP on

Several of the first actions signed by President Biden following his inauguration were directly aimed at worker safety. ...more

Franczek P.C.

Biden Labor and Employment Activity in the First 48 Hours

Franczek P.C. on

During the first 100 days of the new administration, each Friday we will be providing a run-down of significant initiatives and events that will impact employers. We already have much to report. President Biden hit the ground...more

Robinson+Cole Manufacturing Law Blog

2021 Labor and Employment Outlook for Manufacturers

This week, we continue our 2021 outlook series with a focus on labor and employment. With the new Presidential administration this year, we anticipate a number of changes in labor and employment laws on the federal level....more

Morgan Lewis

Key Takeaways from Biden Administration’s First Executive Orders

Morgan Lewis on

Immediately following his inauguration on January 20, US President Joseph R. Biden, Jr. began taking executive action to enact many of his administration’s initial priorities, which included a number of executive orders,...more

Robinson+Cole Manufacturing Law Blog

2021 Environmental, Health, and Safety Outlook for Manufacturers

This week, we continue with our 2021 outlook series with a focus on environmental, health, and safety. This year brings a new Presidential administration, and with it will come a host of new programs, as well as some new...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Addressing Ashland City, Tennessee Water...

The Tennessee Air Pollution Control Board (“TACB”) issued a March 4th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) addressing an alleged air permit violation by State Industries, LLC (“State”). See...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Status of Clean Air Act State Implementation Plan Submittals/Approvals: U.S. Environmental Protection Agency Office of Inspector...

The U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 25th Notification of Evaluation titled: Status of Clean Air Act State Implementation Plan Submittals and Approvals...more

Polsinelli

OSHA Related Changes in 2019: The New Year Giveth, and the New Year Taketh Away

Polsinelli on

While the increased civil monetary penalties may impact an employer’s bottom line, OSHA did provide welcome relief to employers just two days later.  ...more

Seyfarth Shaw LLP

On And On We Go – Coalition Groups Sue DOL For The Rollback Rule

Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has just been sued for removing the requirements for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses), and...more

Burr & Forman

It’s Time to Comment on OSHA’s Notice of Proposed Rulemaking

Burr & Forman on

In May 2016, OSHA published a final rule to Improve Tracking of Workplace Injuries and Illnesses, which requires certain employers to, among other things, electronically submit injury and illness data to OSHA on an annual...more

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