On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released a proposed rule on “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” The rule would apply to all employers and be...more
On June 11, 2024, the Occupational Safety and Health Administration (OSHA) sent its proposed standard on indoor/outdoor heat illness prevention to the White House’s Office of Information and Regulatory Affairs (OIRA) for...more
For employers, particularly those with multiple worksites, controlling corporate OSHA liability is generally a key goal. An employer that accepts a machine guarding violation at its Texas facility, for example, may get hit...more
On Thursday, January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Court remanded...more
1/14/2022
/ Administrative Authority ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, January 7, 2022, the Supreme Court of the United States heard oral arguments on challenges to the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard...more
1/10/2022
/ Case Consolidation ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Medicaid ,
Medicare ,
Oral Argument ,
OSHA ,
Preemption ,
Regulatory Authority ,
SCOTUS ,
Vaccinations ,
Virus Testing
On December 17, 2021, a three-judge panel of the Sixth Circuit Court of Appeals dissolved the stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard...more
On November 4, 2021, the U.S. Occupational Safety and Health Administration (OSHA) issued a new emergency temporary standard (ETS) that requires employers with 100 or more employees to ensure that their employees are either...more
11/4/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Employment Policies ,
Masks ,
OSHA ,
Preemption ,
Recordkeeping Requirements ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On June 10, 2021, simultaneous with the issuance of its Emergency Temporary Standard (ETS) for COVID-19 focusing on healthcare employers, the Occupational Safety and Health Administration (OSHA) released its new COVID-19...more
Echoing his mantra of building back better, on May 5, 2021, New York State Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which mandates extensive new workplace health and safety...more
5/6/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Responsibilities ,
Governor Cuomo ,
Health and Safety ,
Infectious Diseases ,
New Legislation ,
OSH Act ,
OSHA ,
Preemption ,
Re-Opening Guidelines ,
Workplace Safety
The U.S. Occupational Safety and Health Administration (OSHA) has answered a question that has been troubling employers since the pace of vaccinations started to accelerate: when must an employer record an adverse reaction to...more
On July 15, 2020, the Virginia Department of Labor and Industry’s Safety and Health Codes Board approved an Emergency Temporary Standard for COVID-19 to be enforced by the Virginia Occupational Safety and Health program...more
On April 26, 2020, the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) issued guidance on COVID-19 for “Meat and Poultry Processing Workers and Employers” that is...more
Almost every state has issued closure orders designating certain businesses as “essential” and allowing them to continue to operate during the COVID-19 pandemic. Some states have recently issued orders expressly or implicitly...more
On April 13, 2020, the federal Occupational Safety and Health Administration (OSHA) issued its Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19), which provides a blueprint for the agency’s Area...more
On April 10, 2020, the federal Occupational Safety and Health Administration (OSHA) issued interim enforcement guidance for recording cases of the novel coronavirus (COVID-19) under the agency’s recordkeeping regulation at 29...more
On April 8, 2020, the Occupational Safety and Health Administration (OSHA) issued an enforcement memorandum titled Expanded Temporary Enforcement Guidance on Respiratory Protection Fit-Testing for N95 Filtering Facepieces in...more
On March 14, 2020, the Occupational Safety and Health Administration (OSHA) issued temporary enforcement guidance addressing the fit-testing requirements in the agency’s respiratory protection standard (29 C.F.R. § 1910.134)....more
The recent spread of the novel coronavirus (COVID-19) in the United States has caused employers to be increasingly concerned and uncertain regarding the future of their workforces. Below are some answers to frequently asked...more
3/9/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Crisis Management ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
OSHA ,
Policies and Procedures ,
Risk Management ,
State Labor Laws ,
Wage and Hour ,
Workers' Compensation Claim
The Occupational Safety and Health Administration (OSHA) added an anti-retaliation provision to the recordkeeping regulation finalized in May 2016, and it seems as if the workplace safety and health community has not stopped...more
10/17/2018
/ Anti-Retaliation Provisions ,
Department of Labor (DOL) ,
Drug Testing ,
Employer Liability Issues ,
Final Rules ,
New Guidance ,
OSHA ,
Recordkeeping Requirements ,
Reporting Requirements ,
Trump Administration ,
Workplace Injury ,
Workplace Safety
The Trump administration continues to look for ways to lessen the regulatory burden on employers. As a result, the Occupational Safety and Health Administration’s (OSHA) electronic recordkeeping regulation continues to be...more
On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: “Water. Rest. Shade.” As part of the seventh annual heat illness prevention campaign,...more
THE TIME IS RIGHT FOR . . . OSHA’S YEARLY SUMMER HEAT CAMPAIGN -
On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: Water. Rest. Shade....more
8/4/2017
/ Administrative Interpretation ,
Ban the Box ,
Criminal Background Checks ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
H-1B ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Minimum Salary ,
Misappropriation ,
New Legislation ,
Opinion Letter ,
OSHA ,
Over-Time ,
Paid Time Off (PTO) ,
Persuader Rules ,
Sick Leave ,
Trade Secrets ,
Wage and Hour ,
Wage Theft ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
On June 27, 2017, the Occupational Safety and Health Administration (OSHA) proposed to delay the compliance date of the Obama-era regulation requiring electronic submission of injury and illness records and online public...more
An appeal pending before the 11th Circuit Court of Appeals (U.S. v. Mar-Jac Poultry, Inc., No. 16-17745, 11th Cir.) reveals a novel approach the federal Occupational Safety and Health Administration (OSHA) is taking to expand...more
On November 28, 2016, a federal district judge rejected several industry groups’ attempt to halt certain aspects of the Occupational Safety and Health Administration’s (OSHA) Improve Tracking of Workplace Injuries and...more