News & Analysis as of

Occupational Safety and Health Administration State and Local Government

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 5, May 2024

Welcome to our fifth issue of 2024 for our construction industry insights e-newsletter - The Site Report. In our Ask the Attorney segment at the bottom of this e-newsletter, we tap Jonathan Deasy, Senior Attorney in our...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - February 2024 #3

Congress: House Departs With Funding Deadline on the Horizon. This week, the U.S. Senate passed a $95 billion aid package for Ukraine, Israel, and Taiwan that did not include the immigration-related provisions the Buzz...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 1, January 2024

We are excited to kick off 2024 with more in-depth insights into the construction industry and legal issues that can impact your business. Our goal is to provide the most up-to-date information along with our thoughts and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ohio Becomes 24th State to Legalize Recreational Use of Marijuana: 7 Key Considerations for Employers

On November 7, 2023, Ohio voters made Ohio the twenty-fourth state in the United States to legalize the recreational possession and use of marijuana. Ohio Revised Code (R.C.) Section 3780, which is subject to amendment by the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Ruling Offers Clarity on Jurisdictional Border Between MSHA and OSHA

The U.S. Court of Appeals for the Sixth Circuit recently added some small clarity to the murky jurisdictional border between the Mine Safety and Health Administration (MSHA) and the Occupational Safety and Health...more

Seyfarth Shaw LLP

High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year Record

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Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana....more

Jackson Lewis P.C.

Oregon Legislature Contemplating Updates to the Oregon Safe Employment Act with Oregon Senate Bill 592 (SB 592)

Jackson Lewis P.C. on

SB 592, if enacted, would create significant changes to the Oregon Safe Employment Act including: Allowing for “comprehensive inspection of any place of employment as deemed necessary by the department based upon the prior...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, April 2023

What Employers Can Do When a Union Knocks on Their Door - When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their...more

Schwabe, Williamson & Wyatt PC

What Else Happened During COVID: A Recap of Non-COVID-Related Employment Law Changes in Oregon Since 2020

In early 2020, most businesses found themselves unexpectedly pivoting their focus to unprecedented operational, workforce, supply chain, and legal changes in response to the COVID-19 pandemic. Businesses have had to...more

Schwabe, Williamson & Wyatt PC

Get Familiar with Oregon OSHA Heat and Wildfire Smoke Rules

While Oregon has enjoyed a relatively mild spring, summer is right around the corner—and with it comes the risks of extreme heat and wildfires. Although Oregon Occupational Safety and Health Administration (Oregon OSHA)...more

Brooks Pierce

OSHA Launches National Emphasis Program Targeting Heat-Related Workplace Illness and Injuries

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As the temperatures rise, so will pressure on employers to monitor and address heat-related concerns in the workplace.  Identifying heat illness and its related risks, including death, as a “top priority” for enforcement,...more

McDermott Will & Emery

OSHA Reaffirms Arrival of Permanent Healthcare Industry COVID-19 Standard

McDermott Will & Emery on

On March 22, 2022, the US Occupational Safety and Health Administration (OSHA) announced a limited reopening of the rulemaking record for the COVID-19 emergency temporary standard for the healthcare industry, originally...more

Jackson Lewis P.C.

New York Lifts COVID-19 HERO Act Designation, But Employer Obligations Continue

Jackson Lewis P.C. on

The New York State Commissioner of Health rescinded the designation of COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health under the HERO Act” (Health and Essential...more

Steptoe & Johnson PLLC

Follow-up: The COVID Crystal Ball—Predicting the Future for Employers Five Questions Answered

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On February 2, 2022, Steptoe & Johnson PLLC attorneys Bill Wahoff, Jeff Tour, and Ashley Faulkner held an interactive webcast and provided employers an opportunity to ask questions related to paying for testing, creating...more

Sheppard Mullin Richter & Hampton LLP

COVID-19 ETS Requiring Vaccination or Weekly Testing Withdrawn

On January 25, 2022, the federal Occupational Safety and Health Administration (“OSHA”) announced its withdrawal of the COVID-19 Emergency Temporary Standard (“ETS”) requiring vaccination or weekly testing. This action came...more

Bass, Berry & Sims PLC

The Federal COVID-19 Vaccine Mandates Are Barely Hanging On

Bass, Berry & Sims PLC on

The vaccine mandates President Biden announced on September 9 have not aged well. Two are enjoined nationwide and a skeptical Supreme Court so undermined one that the government withdrew it, at least for the immediate future....more

Laner Muchin, Ltd.

OSHA Formally Withdraws COVID-19 Vaccination ETS

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On Wednesday, January 26, 2022, the U.S. Occupational Safety and Health Administration (OSHA) published a notice that it had formally withdrawn the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) that...more

BCLP

States Limit Employer Power to Require the Jab

BCLP on

With OSHA’s COVID-vaccination mandate now stayed (almost certainly forever), and the vaccination mandate for government contractors also stayed (probably forever), U.S. employers must decide whether to impose their own COVID...more

Dentons

Opening Week of Iowa Session

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The Iowa legislature convened for the 2022 Legislative session on Monday, January 10. Monday consisted of short organizing sessions in the House and Senate and speeches by leadership in both parties. Priorities set by the...more

Bradley Arant Boult Cummings LLP

Labor and Employment Law: What’s New in 2022

Although the first of January is ultimately just another day in the grand scheme of things, many of us attach a special significance to it. It is a day where we symbolically leave our problems behind and press forward to see...more

Bass, Berry & Sims PLC

If the Government Contractor Vaccine Mandate Doesn’t Get You, the OSHA ETS Might

Bass, Berry & Sims PLC on

In the past few days, there have been multiple developments in the legal challenges to the various vaccine mandates, one in favor of a mandate, one against. In addition, the first vaccine mandate challenge has now reached the...more

Schwabe, Williamson & Wyatt PC

OSHA Moves to Implement Large Employer ETS by January 10, 2022, After Sixth Circuit ‎Lifts Stay

In November 2021, OSHA issued an Emergency Temporary Standard that applied to employers with 100 or more employees (the “ETS”). The ETS required those employers to either adopt a policy requiring their employees to be...more

Fenwick & West LLP

California and New York City Issue Updated COVID-19 Mandates

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On December 13, 2021, the California Department of Public Health (CDPH), citing the Omicron variant and the need for additional protection during the holiday season, issued statewide guidance requiring face masks to be worn...more

Miller Nash LLP

Unionized Private and Public Employers May Have Bargaining Obligations to Meet Before Implementing the ETS and Other Vaccine...

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This past Friday, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit lifted the stay on implementing the Emergency Temporary Standard to Protect Workers from Coronavirus (ETS) issued by the federal...more

Butler Snow LLP

Vaccine Mandate Update for Employers: Happy Holidays and Now What?

Butler Snow LLP on

After a wild weekend following some headline-grabbing court rulings, employers are heading into the holidays wondering what on earth is going on with workplace COVID-19 vaccine requirements. While clarity remains elusive, our...more

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