Did you know that OSHA does not currently have a specific standard covering heat stress hazards? Rather, OSHA uses the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, to impose requirements...more
9/12/2024
/ Construction Site ,
Employer Liability Issues ,
Health and Safety ,
Heat Exposure ,
Labor Reform ,
OSHA ,
Regulatory Agenda ,
Regulatory Standards ,
Rulemaking Process ,
Workplace Hazards ,
Workplace Safety
Crisis planning is not everyone’s idea of a good time, but an ounce of prevention is worth it when you are faced with a crisis.
Here are 10 things to think about as you prepare for a possible crisis:
Where is your...more
The Occupational Safety and Health Administration (OSHA) has published a final rule amending a regulation regarding the right to designate a representative to accompany OSHA inspectors during a workplace inspection. Why do we...more
Workplace violence is an issue that impacts employees and employers alike. While OSHA uses the General Duty Clause to address such issues, some states are enacting their own laws about it. As we reported a few weeks ago,...more
3/14/2024
/ Employee Training ,
General Duty Clause ,
Healthcare ,
Labor Code ,
New Legislation ,
OSHA ,
Public Safety ,
Texas ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
Violence in the workplace is something all employers prohibit and try to prevent. Healthcare employers have a tougher time, because the violence often comes from patients.
How do you best protect workers while still...more
3/13/2024
/ Employer Liability Issues ,
Employment Policies ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Reform ,
Healthcare Workers ,
Hospitals ,
New Legislation ,
New Regulations ,
Nurses ,
OSHA ,
Regulatory Requirements ,
Skilled Nursing Facility ,
State Labor Laws ,
Texas ,
Workplace Safety ,
Workplace Violence
Texas has now joined states like California in creating statutory protections against workplace violence against healthcare workers. Senate Bill 240, now Chapter 331 of the Texas Health and Safety Code, requires healthcare...more
2/7/2024
/ California ,
Compliance ,
Employer Liability Issues ,
Employment Policies ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Reform ,
Healthcare Workers ,
Hospitals ,
New Legislation ,
New Regulations ,
Nurses ,
OSHA ,
Regulatory Requirements ,
Skilled Nursing Facility ,
State Labor Laws ,
Texas ,
Workplace Safety ,
Workplace Violence
“Excessive.” “Feels Like.” “Heat Dome.” All of these words and phrases come up in almost every conversation these days. With another summer of record heat upon us, OSHA continues to move forward with a proposed heat standard....more
Mass shootings have been increasingly in the headlines in recent years, and many of these incidents have occurred in the workplace. Regardless of anyone’s politics, employers are having to face either the fear of, or the...more
4/13/2023
/ Americans with Disabilities Act (ADA) ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Hostile Environment ,
Mass Shootings ,
Risk Management ,
Workplace Communication ,
Workplace Safety ,
Workplace Violence
Now almost two and a half years into the pandemic, employers may think they have hit their stride on what to do to make sure their employees are COVID-19-free and safe. As with everything in life, you need to be up to date on...more
Questions about COVID-19 vaccines are hard, particularly if you contract or want to contract with the federal government. The scenario is familiar: You run a business that has or seeks to contract with the federal...more
As we all know, the Supreme Court stayed the COVID-19 vaccine mandate for employers with 100 or more employees. As of today, OSHA has withdrawn that emergency temporary standard.
The announcement notes that:...more
In an opinion stating that they believe that opponents of the OSHA ETS on Vaccinations and Testing will be successful in their challenge to that standard, the U.S. Supreme Court yesterday reinstated federal court stays that...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
By now most people in the United States are aware that the Biden Administration wants everyone to get a COVID-19 vaccine and is using OSHA, CMS, and federal contracts to accomplish that goal. The OSHA path is an emergency...more
Despite all of our hopes and prayers for an end to the pandemic, we still have employees who are exposed to or testing positive for COVID-19, and we still need to figure out how to deal with those issues. The CDC issued new...more
1/7/2022
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employees ,
Employment Policies ,
Health and Safety ,
Healthcare Workers ,
Masks ,
New Guidance ,
Quarantine ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In the ever-changing vaccine mandate legal tennis match, the Sixth Circuit on Friday entered an opinion lifting the Fifth Circuit’s stay of OSHA’s Emergency Temporary Standard on COVID-19 vaccines and testing. Companies with...more
As we are sure you have heard, many people are not all that psyched about the federal government mandating that employees get vaccinated. Just to keep everyone on the same page in these ever-changing times, here is a quick...more
12/9/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Exemptions ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Stays ,
Vaccinations ,
Workplace Safety
Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some...more
11/24/2021
/ Administrative Agencies ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Harassment ,
Multidistrict Litigation ,
OSHA ,
Paid Family Leave Law ,
Regulatory Oversight ,
Sexual Orientation ,
Stays ,
Termination ,
Title VII ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The saga of the Occupational Safety and Health Administration’s (OSHA) newly announced COVID-19 Emergency Temporary Standard (ETS) continues. As you know, the ETS requires employers with 100 or more employees to mandate...more
11/16/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Law and Practice Chambers -
The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal...more
10/29/2021
/ Alabama ,
Black Lives Matter ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Discrimination ,
Dispute Resolution ,
Employer Liability Issues ,
Employer Mandates ,
Gig Economy ,
Harassment ,
Health and Safety ,
Immigration ,
Interviews ,
NLRB ,
OSHA ,
Privacy Laws ,
Public Health Emergency ,
Restrictive Covenants ,
Retaliation ,
Sexual Harassment ,
State and Local Government ,
Technology ,
Termination ,
Unions ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
As we reported here, President Biden issued his “Path out of the Pandemic” memorandum on September 9, 2021. Part of that memorandum directed the Occupational Safety and Health Administration (OSHA) to develop a rule to...more
10/29/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Yesterday, President Biden announced that he is entering two Executive Orders requiring COVID-19 vaccines for federal workers and contractors and that administrative agencies (the Centers for Medicare and Medicaid Services...more
9/13/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Workplace Safety
Recently OSHA updated its guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace for employers who are not covered by the “COVID-19 Emergency Temporary Standard for Healthcare.” As we explained before,...more
9/2/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Enforcement Actions ,
Guidance Update ,
Infectious Diseases ,
Investigations ,
Masks ,
Medical Monitoring ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
We are so ready to put COVID-19 behind us, but unfortunately, the delta variant is keeping us on our toes. So, for the time being, where do we stand, and what do we do now?...more
8/4/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Masks ,
New Guidance ,
Reasonable Accommodation ,
Regulatory Mandates ,
School Districts ,
Travel ,
Vaccinations ,
Workplace Safety
After the CDC updated its mask guidance, we have all be wondering: Can we eliminate our mask and social distancing requirements for vaccinated employees? Can we ask employees if they have been vaccinated? Can we hold meetings...more
6/11/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Healthcare ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
As the construction industry continues to recover from the COVID-19 pandemic, it also continues to focus on worker safety. Consistent with this focus, the U.S. Department of Labor’s Occupational Safety and Health...more