The California Occupational Safety and Health (Cal/OSHA) Standards Board voted unanimously to approve a new indoor heat illness rule covering the vast majority of California employers....more
The Occupational Safety and Health Administration announced its long-anticipated proposed rule Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings on July 2, 2024. The proposed rule takes a large-scale...more
A new rule from the US Occupational Safety and Health Administration (OSHA) affords unions, labor activists, and other third parties access to private worksites during workplace inspections....more
A recent proposed rulemaking from the US Occupational Safety and Health Administration (OSHA) seeks to make it easier for unions and other third parties to gain access to private worksites, creating steep consequences for...more
Beyond the recent, precedent-rewriting National Labor Relations Board decisions that have been making headlines, the Biden administration has been furthering its pro-labor agenda through other rulemaking efforts, from the US...more
The Occupational Safety and Health Administration (OSHA) released its revised electronic recordkeeping regulation, “Improve Tracking of Workplace Injuries and Illnesses,” on July 17. Most significantly, the revised regulation...more
President Biden signed into law a House bill on April 10 that immediately ended the COVID-19 presidential declaration of national emergency established in March 2020. The COVID-19 federal public health emergency—a separate...more
The US Supreme Court issued two decisions on January 13, 2022 in cases challenging the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (ETS) on Vaccination and Testing and the Centers for...more
1/17/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, a divided panel of the US Court of Appeals for the Sixth Circuit granted the federal government’s emergency motion to dissolve the US Court of Appeals for the Fifth Circuit’s stay of the Occupational...more
12/21/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Healthcare Workers ,
Infectious Diseases ,
OSH Act ,
OSHA ,
Vaccinations ,
Workplace Safety
The fate of the Occupational Safety and Health Administration’s landmark Emergency Temporary Standard on COVID-19 vaccination is in the hands of the Sixth Circuit—for now. In this LawFlash, we walk businesses through the...more
National Labor Relations Board General Counsel Jennifer A. Abruzzo issued a memorandum explaining her view of employers’ bargaining obligations in response to the US Department of Labor Occupational Safety and Health...more
11/16/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Paid Time Off (PTO) ,
Vaccinations ,
Workplace Safety
The Fifth Circuit temporarily stayed the Occupational Health and Safety Administration’s Emergency Temporary Standard on COVID-19, placing it in legal limbo. In addition, state governments continue to take actions related to...more
President Joseph Biden on September 9 announced his new Path Out of the Pandemic: President Biden’s COVID-19 Action Plan, which describes the president’s six-pronged strategy to fight the pandemic. This sweeping action plan...more
The US Equal Employment Opportunity Commission (EEOC) released a long-awaited update to its technical assistance guidance on COVID-19 and the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other federal...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
While workplace safety standards have been thrust into the national conversation since the coronavirus (COVID-19) pandemic began, Occupational Safety and Health Administration (OSHA) enforcement has been relatively quiet....more
As the world awaits a successful COVID-19 vaccine, employers are beginning to consider the implications a new vaccine will have on their workplaces. Although much remains speculative, employers can look to the regulation of...more
11/10/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Infectious Diseases ,
OSHA ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Title VII ,
Trump Administration ,
Vaccinations ,
Workers' Compensation Claim
Effective immediately, Michigan will require employers to make coronavirus (COVID-19) workplace exposure determinations for all job tasks and procedures, prepare written preparedness and response plans, and implement a series...more
10/30/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Occupational Exposure ,
OSHA ,
Personal Protective Equipment ,
Public Health Emergency ,
Risk Assessment ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) issued an Updated Interim Enforcement Response Plan on May 19 for enforcing OSHA’s requirements with respect to coronavirus (COVID-19) and a Revised Enforcement...more
The Occupational Safety and Health Administration has issued a new guidance allowing field offices flexibility in handling COVID-19-related matters, including complaints. ...more
As jurisdictions contemplate lifting pandemic-related workplace restrictions, employers must start considering how best to cope with a vast array of issues, and protecting the safety of employees and customers. ...more
The US Department of Labor’s Occupational Health and Safety Administration (OSHA) released a statement on April 8 reminding employers that they cannot retaliate against workers who report unsafe or unhealthy working...more
The outbreak of the 2019 Novel Coronavirus (2019-nCoV) has created a number of questions and compliance challenges for employers in the United States as well as across the globe. This is a fluid and rapidly changing...more
2/5/2020
/ Airline Passengers ,
Airplane Accidents ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Confidential Information ,
Customs and Border Protection ,
Discrimination ,
Emergency Management Plans ,
Emergency Response ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Foreign Nationals ,
General Duty Clause ,
Harassment ,
Health and Safety ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Immigration Procedures ,
Incident Response Plans ,
Infectious Diseases ,
International Travel ,
Labor Regulations ,
Medical Records ,
OSHA ,
Personal Protective Equipment ,
PHI ,
Public Health ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
Risk Mitigation ,
Screening Procedures ,
Travel Restrictions ,
Traveling Employee ,
Workplace Illness and Injury Reporting ,
Workplace Safety ,
World Health Organization