On July 2, 2024, the Occupational Safety and Health Administration (OSHA) issued its proposed national heat standard, titled Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. In a preamble, OSHA, which...more
In some industries, worker shortages have caused employers to consider hiring 16- and 17-year-olds for non-hazardous occupations.
The federal Fair Labor Standards Act (FLSA), in addition to establishing minimum wage and...more
Representation Rights Under the OSH Act -
On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule re-interpreting Section 8(e) of the Occupational Safety and Health Act (OSH...more
On October 31, 2023, the Occupational Safety and Health Administration (OSHA), the federal government agency that enforces workplace safety standards, and the National Labor Relations Board (NLRB), which enforces labor laws,...more
On July 27, 2023, the Occupational Safety and Health Administration (OSHA) announced a Heat Hazard Alert, warning employers that it will carry out more inspections in “high-risk industries like construction and agriculture”...more
The Occupational Safety and Health Administration (OSHA) has announced that as of March 30, 2023, it will be authorized to give legal protection to immigrant workers involved in workplace safety and health inspections by...more
Most employers are required to complete OSHA Form 300A Summary of Work-Related Injuries and Illnesses for 2022 by Feb. 1, 2023, and to post it and keep it posted until April 30, 2023. The 300A log summarizes work-related...more
On Sept. 1, 2022, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a news release claiming that a financial services employer “violated the whistleblower protection provisions of the...more
Following up on our update of earlier this week, today the U.S. Supreme Court stayed implementation and enforcement of OSHA’s vaccination or testing ETS, while it allowed CMS’s mandate, which requires COVID-19 vaccination for...more
1/14/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
On Jan. 7, 2022 the U.S. Supreme Court heard oral arguments in separate cases challenging two vaccine mandates—OSHA’s Emergency Temporary Standard (ETS) on vaccination or testing for employers with 100 or more employees, and...more
On Dec. 17, 2021, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit ruled that the Occupational Safety and Health Administration (OSHA) can enforce its emergency temporary standard (ETS) to...more
On November 30, 2021, Judge Van Tatenhove of the U.S. District Court for the Eastern District of Kentucky issued a preliminary injunction blocking enforcement of the federal contractor COVID-19 vaccine mandate in Kentucky,...more
Recently we provided an overview of expected vaccine mandates for: (1) employers with 100 or more employees, (2) federal contractors, and (3) healthcare employers.
On September 24, 2021 a task force issued guidance on...more
On August 13, 2021, OSHA updated its COVID-19 guidance applicable to employers not covered by its recent healthcare emergency temporary standard (ETS). The update includes general statements intended to reflect the CDC’s...more
North Carolina and South Carolina enforce their own workplace safety and health plans. As “state plan states,” they are required to adopt regulations that are at least as effective as those adopted by the federal...more
On January 21, 2021, one day after his inauguration, President Biden signed an executive order directing the Occupational Safety and Health Administration (OSHA) to consider issuing a broad emergency temporary standard (ETS)...more
The day after his inauguration, President Biden signed an executive order directing the Occupational Safety and Health Administration (OSHA) to “consider whether any emergency temporary standards on COVID-19, including with...more
On Jan. 29, 2021, the Occupational Health and Safety Administration (OSHA) issued new guidance on workplace safety during the COVID-19 pandemic. The guidance, titled “Protecting Workers: Guidance on Mitigating and Preventing...more
One year ago this week, we released our first “insight” on a COVID-19-related issue, titled “OSHA Publishes Resource on Coronavirus Outbreak.” At that time we were starting to get questions from clients about employee travel...more
As the U.S. Food and Drug Administration (FDA) prepares to authorize two COVID-19 vaccines for use, employers are asking if they can, and should, require that employees be vaccinated....more
Updated on 11/16/2020
COVID-19 cases in the United States have been increasing rapidly in recent weeks, and the surge is expected to continue into the winter. On Nov. 15, 2020, the rolling seven-day average of confirmed...more
On Sept. 16, 2020, the Wall Street Journal reported that a “second wave of coronavirus infections” is “gather[ing] momentum across Europe,” but this time, “governments are determined to avoid large-scale lockdowns and instead...more
Under new OSHA guidance that goes into effect on May 26, 2020, employers covered by OSHA’s recordkeeping requirements must determine if an employee who contracts COVID-19 was infected while at work. According to the new...more
A recent Washington Post headline read: “Thousands of OSHA complaints filed against companies for virus workplace safety concerns, records show.” The sub-headline stated: “Employees told regulators about failures to follow...more
An April 17, 2020 Washington Post headline read: “Thousands of OSHA complaints filed against companies for virus workplace safety concerns, records show.” The sub-headline stated: “Employees told regulators about failures to...more