In companion decisions, the U.S. Supreme Court split on the issue of mandatory vaccinations for workers, halting the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) for private sector...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
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay of the Occupational Safety and Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) which had previously been halted by the...more
12/22/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
Non-Delegation Doctrine ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Tuesday, November 16, the Occupational Safety and Health Administration (OSHA) announced that it is suspending all implementation and enforcement efforts related to the emergency temporary standard (ETS) on mandatory...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Employees ,
Public Health Emergency ,
Public Schools ,
Public Sector ,
Regulatory Agenda ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Thursday, the U.S. Occupational Health and Safety Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) requiring employers with 100 or more employees to mandate vaccinations or weekly testing...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In week twelve, the Biden administration’s labor and employment activity includes selecting a chief to lead the Occupational Safety and Health Administration (OSHA), increased staffing at the Equal Employment Opportunity...more
4/13/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Infectious Diseases ,
Labor Law Violations ,
Labor Reform ,
OSHA ,
Wage and Hour
Each week during the first 100 days of the new administration, we will provide a recap of significant initiatives and events that will impact employers.
In week nine, the Biden administration’s labor and employment...more
3/23/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Authority ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
OSHA ,
Wage and Hour ,
Workplace Safety
OSHA has launched a national emphasis program to protect high-risk workers from COVID-19 hazards. The program also prioritizes for OSHA inspection employers that retaliate against workers who complain about unsafe conditions....more
The U.S. Occupational Safety and Health Administration (OSHA) has issued enhanced COVID-19 safety guidance to help employers and their employees implement a COVID-19 prevention program and better identify risks which could...more
In week two, the Biden administration shook things up at the National Labor Relations Board with the firing and replacement of General Counsel Peter Robb, walked back President Trump’s pro-independent contractor agenda at the...more
2/1/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
NLRB General Counsel ,
OSHA ,
Race Discrimination ,
Tip-Pooling
On his second day in the Oval Office, President Biden issued an Executive Order on Protecting Worker Health and Safety directing the Occupational Health and Safety Administration (OSHA) to intensify its efforts to protect...more
At the outset of the pandemic, many employers were unsure of how OSHA would conduct inspections and issue citations regarding COVID-19 related issues. Early guidance from OSHA indicated that regulatory standards could be...more
12/10/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
General Duty Clause ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Regulatory Standards ,
Workplace Safety
As if employers aren’t already tested managing the challenges of the pandemic, on September 30, OSHA updated its COVID-19 Frequently Asked Questions to remind employers about their duty to report and record COVID-19 related...more
10/6/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Labor Regulations ,
Occupational Exposure ,
OSHA ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
Sick Employees ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) recently developed a COVID-19 Frequently Asked Questions (FAQs) document to provide a central location for commonly asked questions concerning steps employers can take...more
The Occupational Safety and Health Administration (OSHA) has issued new guidance requiring all employers to evaluate confirmed cases of COVID-19 for work-relatedness and to record those cases that are determined to be...more
OSHA has issued three new alerts in its industry-specific series aimed at increasing worker protection during the COVID-19 pandemic. The new alerts, issued on April 13, 16 and 21, are directed at employees in package...more
Last week, the Occupational Safety and Health Administration (OSHA) issued an Interim Enforcement Response Plan for Coronavirus Disease 2019 (interim plan) to guide the agency’s field personnel in handling investigations into...more
Over the past two weeks, the Occupational Safety and Health Administration (OSHA) has released a new poster, safety tips specific to retail workers, and updated guidance for employers that have mandatory respirator programs....more
OSHA has released “Guidance on Preparing Workplaces for COVID-19,” a 32-page booklet describing “lower exposure,” “medium exposure,” and “high or very high exposure” risk occupations and what precautions employers can take...more
3/12/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
Both the Center for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) have published interim guidance for employers on planning for and protecting their workplaces from exposure...more
2/28/2020
/ Airlines ,
Americans with Disabilities Act (ADA) ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Clinical Laboratories ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Disability Discrimination ,
Emergency Management Plans ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
International Travel ,
OSHA ,
Public Health ,
Risk Management ,
Traveling Employee ,
Workplace Safety
OSHA recently modernized its Whistleblower Protection Program Website. The redesigned site includes useful and interactive materials regarding whistleblower statutes enforced by OSHA, including a video that highlights...more
7/24/2019
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
OSHA ,
Regulatory Authority ,
Regulatory Oversight ,
Sarbanes-Oxley ,
Surface Transportation Assistance Act (STAA) ,
Websites ,
Whistleblower Protection Policies ,
Whistleblowers
Franczek recently hosted an at capacity seminar on preventing workplace violence. As a follow-up to that event, and as further introduction to Tracey Truesdale and Jason Patterson who frequently counsel employers on this...more