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
3/2/2023
/ Citations ,
Employees ,
Employer Liability Issues ,
Health and Safety ,
Manufacturing Facilities ,
OSHA ,
Policy Statement ,
Regulatory Agenda ,
Regulatory Reform ,
Safety Inspections ,
Safety Violations ,
Workplace Safety
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
3/23/2022
/ Comment Period ,
Coronavirus/COVID-19 ,
Healthcare ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Occupational Exposure ,
OSHA ,
Public Comment ,
Public Hearing ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Workplace Safety
On March 8, 2022, OSHA released an enforcement memorandum detailing a new initiative involving a short-term increase in highly focused inspections directed at hospitals and skilled nursing care facilities that treat or handle...more
Effective January 26, 2022, OSHA withdrew its enforcement of its COVID-19 Emergency Temporary Standard (ETS), which would have required many employers to mandate vaccination or regular testing for employees. As we have...more
1/26/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Last week, Jeff kicked off our 2022 outlook for manufacturers, covering corporate compliance and litigation. This week, I am turning to the environmental, health, and safety issues that may occupy the minds and the time of...more
1/20/2022
/ Coronavirus/COVID-19 ,
Discharge of Pollutants ,
Environmental Justice ,
Environmental Social & Governance (ESG) ,
General Duty Clause ,
Health & Safety Standard ,
Infectious Diseases ,
Manufacturer Liability ,
Manufacturers ,
Manufacturing Facilities ,
OSHA ,
PFAS ,
Pollution Control ,
Popular ,
Workplace Safety
As we have previously reported, the implementation status of OSHA’s Emergency Temporary Standard (ETS) regarding COVID-19 vaccination or testing seems to change weekly. Last week, the United States Supreme Court reinstated...more
1/17/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
We take a break from our regularly scheduled “2022 outlook” programming to bring you breaking news on the seesaw that is the enforcement of OSHA’s Emergency Temporary Standard (ETS) regarding COVID-19 vaccination or testing....more
1/17/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
Manufacturers ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 21, 2021, the U.S. Supreme Court took its first step into the fray over federal vaccine mandates. As we have previously posted, legal challenges to the Biden administration’s various vaccine mandates have been...more
12/23/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Manufacturers ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, the U.S. Court of Appeals for the Sixth Circuit lifted a stay of OSHA’s Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for employers with 100 or more employees. As we previously posted, the...more
12/20/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Thank you to Jonathan Schaefer for his contributions to this post. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to...more
11/11/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Manufacturing Employers ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On June 21, 2021, OSHA made big news by publishing its COVID-19 Emergency Temporary Standard for the Healthcare Industry (ETS). While the ETS does not apply to most manufacturing facilities, OSHA also updated its general...more
On June 21, 2021, the Occupational Safety and Health Administration (OSHA) adopted its COVID19 Healthcare Emergency Temporary Standard (ETS). Employers providing health care services will be required to comply with new...more
6/21/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
As a part of its ongoing efforts to increase workplace attention on COVID-19, OSHA recently released a new COVID-19 National Emphasis Program (NEP), signaling a commitment to expand its inspection and enforcement efforts to...more
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
1/15/2021
/ Biden Administration ,
Climate Change ,
Coronavirus/COVID-19 ,
Environmental Policies ,
Health and Safety ,
Infectious Diseases ,
Manufacturers ,
Manufacturing Facilities ,
OSHA ,
PFAS ,
Regulatory Reform ,
Workplace Safety
As COVID-19 cases have continued to rise across the United States, so have COVID-related OSHA complaints and investigations. OSHA has been tracking statistics on COVID-related complaints, referrals, inspections, and citations...more
Since at least March, manufacturers, and the entire U.S. economy, have been experiencing unprecedented conditions as a result of the COVID-19 pandemic. COVID-19 has not only changed where and how manufacturers operate, but...more
9/4/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health & Safety Standard ,
Infectious Diseases ,
Manufacturers ,
Manufacturing Facilities ,
OIG ,
OSHA ,
Whistleblowers ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
While Federal OSHA has issued numerous COVID-related guidance documents, it has declined to issue an enforceable COVID standard. Instead, OSHA continues to reference numerous other statutory and regulatory standards that...more
Yesterday, OSHA issued guidance aimed at educating workers and employers on how to properly use face coverings at work during the COVID-19 pandemic. Structured as a series of frequently asked questions with answers, the...more
As the country slowly begins the reopening process, OSHA has issued two new guidance documents—an Updated Interim Enforcement Response Plan for COVID-19 and Revised Enforcement Guidance for Recording Cases of COVID-19....more
5/21/2020
/ AFL-CIO ,
Employer Liability Issues ,
Essential Workers ,
Manufacturing Facilities ,
Occupational Exposure ,
OSHA ,
Regulatory Requirements ,
Reporting Requirements ,
Sick Employees ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
OSHA previously issued guidance on preparing workplaces for COVID-19, which we covered on the blog a few weeks ago. The agency has been busy issuing additional materials to guide employers through these uncharted waters....more
Last week, OSHA issued guidance on preparing workplaces for COVID-19. The guidance provides recommendations to help employers plan for the impact of COVID-19 on their businesses, workers, customers, and the public....more
Welcome to 2020! As always, we at the Manufacturing Law Blog are starting the year with our annual forecasts of hot topics....more
1/10/2020
/ Air Quality Standards ,
Bodily Injury ,
Clean Water Act ,
Employer Liability Issues ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Failure to Comply ,
Health & Safety Standard ,
Inspection Rights ,
Manufacturers ,
Manufacturing Equipment ,
Manufacturing Facilities ,
National Enforcement Initiatives (NEIs) ,
Occupational Exposure ,
OSHA ,
PFAS ,
Policies and Procedures ,
Safety Inspections ,
Strict Compliance ,
Water Quality ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Wrongful Death
On September 25, 2019, OSHA issued a final rule approving two additional quantitative fit testing protocols for inclusion in appendix A of the Respiratory Protection Standard....more
Yesterday, OSHA issued a final rule approving two additional quantitative fit testing protocols for inclusion in appendix A of the Respiratory Protection Standard. These protocols are....more
OSHA recently announced that it is considering whether it should revise the Control of Hazardous Energy (Lockout/Tagout (LOTO)) standard to accommodate recent technological advances concerning control circuit-type devices....more