On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released the text of its highly anticipated proposed standard that, if finalized, would create the first federal standard aimed at protecting workers...more
On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection.
...more
4/1/2024
/ Corporate Counsel ,
Employer Liability Issues ,
Final Rules ,
OSHA ,
Registered Representatives ,
Regulatory Oversight ,
Safety Inspections ,
Safety Violations ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
On December 14, 2023, California’s Occupational Safety and Health Standards Board approved an emergency temporary standard (ETS) intended to enhance protection of workers from the hazards of respirable crystalline silica...more
1/5/2024
/ Cal-OSHA ,
California ,
Construction Industry ,
Corporate Counsel ,
Emergency Rule ,
Employer Liability Issues ,
Hazardous Substances ,
Health and Safety ,
Occupational Exposure ,
Regulatory Standards ,
Silica ,
Toxic Exposure ,
Workplace Hazards ,
Workplace Safety
On May 1, 2023, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) to prevent and reduce workplace falls. For the last 12 years, 29 CFR 1926.501 (Duty to Have Fall...more
On March 1, 2023, the Occupational Safety and Health Administration (OSHA) formally convened the Small Business Advocacy Review (SBAR) Panel regarding a possible Prevention of Workplace Violence in Healthcare and Social...more
3/16/2023
/ Employer Liability Issues ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Hostile Environment ,
Labor Reform ,
OSHA ,
Policies and Procedures ,
Regulatory Agenda ,
SBREFA ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence
On February 14, 2023, the federal Occupational Safety and Health Administration (OSHA) announced that it would be withdrawing its proposal to reconsider and revoke Arizona’s State Plan. This announcement was expected by many...more
2/24/2023
/ Arizona ,
Employees ,
Employer Liability Issues ,
Federal v State Law Application ,
Health and Safety ,
OSHA ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Workplace Safety
On January 26, 2022, the federal Occupational Safety and Health Administration (OSHA) withdrew its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), which required large employers to ensure that their...more
1/26/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
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
Eight weeks after President Joseph R. Biden’s announcement, the federal Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) requiring all employers with at least 100 employees...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On August 26, 2021, the Virginia Safety and Health Codes Board adopted revised amendments to the Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (the Final Permanent...more
On June 3, 2021, the Occupational Safety and Health Standards Board (Standards Board) voted to readopt proposed revisions to the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards...more
6/9/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Masks ,
New Guidance ,
Occupational Exposure ,
Social Distancing ,
Vaccinations ,
Workplace Safety
On April 26, 2021, the Occupational Safety & Health Administration sent emergency workplace safety rules to prevent the spread of COVID-19 to the Office of Management and Budget for review....more
In response to President Biden’s January 2021 executive order, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) released a National Emphasis Program (NEP) on March 12, 2021, targeting...more
3/15/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Essential Workers ,
Healthcare Workers ,
Infectious Diseases ,
NEP ,
New Guidance ,
Occupational Exposure ,
OSHA ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
On January 29, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released guidance for employers: Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the...more
2/10/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Public Health ,
Quarantine ,
Return-to-Work Agreements ,
Risk Management ,
Social Distancing ,
Workplace Safety
On January 27, 2021, Virginia Governor Ralph Northam announced that he had approved a Final Permanent Standard (Permanent Standard) for preventing COVID-19 in the workplace, making Virginia the first state in the nation to...more
2/1/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Labor Reform ,
Masks ,
Personal Protective Equipment ,
Public Health ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
On November 19, 2020, over the vigorous objections of several employers, trade associations, employer agencies, and defense counsel, the California Occupational Safety and Health Standards Board voted unanimously to pass the...more
Maryland Governor Hogan moved the state into Stage Three of its reopening plan on September 4, 2020 at 5:00 p.m. in Order 20-09-01-01. This move permits practically all Maryland businesses to open, including theaters. ...more
9/10/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Non-Essential Businesses ,
Public Gatherings ,
Public Health ,
Re-Opening Guidelines ,
Restaurant Industry ,
Seating ,
Workplace Safety
Businesses of all sizes have, understandably, been consumed by how to address the numerous pressing issues that the COVID-19 pandemic has wrought. As a result, it can be easy to lose sight of the dramatic changes to Virginia...more
7/8/2020
/ Administrative Remedies ,
Department of Labor (DOL) ,
Double Damages ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Governor Northam ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Sex Discrimination ,
State Labor Laws ,
Wage and Hour
District of Columbia Mayor Muriel Bowser announced that the District would move into Phase Two of its reopening plan on June 22, 2020. Maryland has also expanded Stage Two of its reopening plan....more
7/1/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Hospitality Industry ,
Non-Essential Businesses ,
Re-Opening Guidelines ,
Restaurant Industry ,
Retailers ,
Return-to-Work Agreements ,
State and Local Government ,
Workplace Safety
As the world slowly returns to some semblance of normalcy, the District of Columbia, Maryland, and Virginia recently announced varying plans as to when they will reopen and what reopening will look like. Virginia previously...more
On April 22, 2020, the Virginia General Assembly adopted Governor Ralph Northam’s proposed amendment to a bill that will re-establish a work-sharing program in Virginia....more
When the Democrats took control of the General Assembly in addition to the governorship in the November 2019 election, many predicted an expansion of workers’ rights. That prediction was realized with the 2020 Virginia...more
4/19/2020
/ Corporate Counsel ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
LGBTQ ,
Low-Wage Workers ,
Misclassification ,
New Legislation ,
Non-Compete Agreements ,
Non-Discrimination Rules ,
State Labor Laws ,
Whistleblower Protection Policies