As we reported at the time, in summer 2023 the Occupational Safety and Health Administration (OSHA) issued a new final rule amending its occupational injury and illness recordkeeping regulation and imposing new electronic...more
Since the Biden Administration assumed control in 2021, the Department of Labor (DOL) has been increasingly focused on enforcement. That is particularly true when it comes to safety and health in the workplace, as enforced by...more
As the entire country should know by now, on January 13, 2022, the United States Supreme Court issued an Opinion reinstating the stay of enforcement by OSHA of its Emergency Temporary Standard for COVID-19 (ETS). You can...more
The Supreme Court Thursday afternoon released its much-anticipated decisions regarding the Emergency Temporary Standard (ETS) issued late last year by the Occupational Safety and Health Administration (OSHA), and the...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Earlier this evening, the President of the United States announced a series of actions aimed at confronting the COVID-19 pandemic. For one thing, President Biden stated he is signing an Executive Order requiring all...more
We’ve been saying for some time now that the Occupational Safety and Health Administration (OSHA) was expected to release an emergency temporary standard on COVID-19 – now that day has finally come! On June 10, 2021, OSHA...more
6/11/2021
/ Compliance ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Healthcare ,
New Guidance ,
OSHA ,
Paid Leave ,
Personal Protective Equipment ,
Social Media ,
Vaccinations ,
Workplace Safety
State and Local Order Rule and Regulatory Impact -
Q: Does the CDC’s new guidance for vaccinated people impact state and local orders or rules that may still require mask wearing and social distancing?
A: No. As...more
5/18/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Confidentiality Policies ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Social Distancing ,
State and Local Government ,
Vaccinations ,
Workplace Safety
Does this fact pattern sound familiar?
Employer has a COVID-19 policy requiring employees with COVID-like symptoms or exposure to a COVID-positive (or suspected COVID-positive) person to report the same to Human...more
For more than a year, the world has reacted to and adjusted for COVID-19. Now, with the arrival of COVID-19 vaccines, there is light at the end of the tunnel and individuals and companies can start moving forward and planning...more
4/1/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Indemnification Clauses ,
LMRA ,
Masks ,
NLRA ,
OSHA ,
Re-Opening Guidelines ,
Remote Working ,
Social Distancing ,
Vaccinations ,
Workplace Safety
In President Biden’s first 48 hours on the job, he issued approximately 30 executive orders. One of these is an Executive Order on Protecting Worker Health and Safety. The Order, as the title implies, directs the federal...more
Six months into the COVID-19 pandemic in the United States, everyone is looking for hopeful signs that life can return to “normal” on any level. Encouraging news reports indicate that the race to develop a COVID vaccine is...more
On May 14, 2020, the Centers for Diseases Control (“CDC”) released guidelines to various businesses to assist on re-opening. These guidelines are separate, single page “decision trees” in which the CDC offers decision-making...more
More than 3,000 workers have filed complaints with OSHA since January 2020, alleging concerns over potential exposure to COVID-19, according to Freedom of Information Act records analyzed by the Washington Post. In the...more
Businesses that remain operational during the COVID-19 pandemic are faced with the challenge of determining what they can do to minimize the risk of spreading the virus while still being able to provide critical products and...more
OSHA (the Occupational Safety and Health Administration) issued its electronic injury reporting rule in May, 2016. When issued, OSHA had intended all employers (over time) to submit their injury and illness records (OSHA Form...more
The compliance date for employers to file their 2016 OSHA 300A reports on the new electronic website has been delayed an additional two (2) weeks pursuant to a regulation issued on Wednesday, November 22, 2017, and which is...more
This past November, Congress passed a budget that included legislation requiring federal agencies to adjust their civil penalties to account for inflation. In response, the Department of Labor (DOL) is adjusting penalties for...more
The Occupational Safety and Health Administration (OSHA) is charged with enforcing the Occupational Safety and Health Act (OSHA Act), and its various regulations intended to keep employees safe in their workplaces. Failure to...more
Most employers understand that the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability. However, an employer may legally decide not to hire an individual with a disability if he or she...more