VIDEO: Will Pending Federal Covid-19 Legislation Preempt Longstanding State Laws Regarding the Burden of Proof in Workers’ Compensation Claims?
Overview: On August 30, 2024, the California Department of Motor Vehicles (DMV) released draft regulatory language for the operation of autonomous vehicles (AVs) and is seeking informal feedback from stakeholders by October...more
On May 20, 2024, OHSA published finalized revisions to the Hazard Communication Standard (the “HazCom standard”). The HazCom standard is a commonly cited standard in OSHA inspections. The revisions to the rule address the...more
On February 5, 2024, OSHA revealed its Notice of Proposed Rulemaking for a new Emergency Response Standard, initiating a public comment period. As we previously reported, the rulemaking is designed to update OSHA’s existing...more
The Occupational Safety and Health Administration’s (OSHA) proposed Emergency Response Standard is expected to have a significant impact on emergency service organizations (ESOs) and workplace emergency response employers...more
On Monday, the federal Occupational Safety and Health Administration issued a notice of proposed rulemaking that would replace the current patchwork of safety regulations covering firefighters and other first responders. OSHA...more
On December 21, 2023, the Occupational Safety and Health Administration (OSHA) unveiled an unofficial version of its proposed Emergency Response Rule. The Emergency Response Rule, if finalized, would replace an existing rule...more
In 2001, my law offices were located at 115 Broadway in Lower Manhattan, an easy five-minute walk from the Twin Towers. Following the horrific attacks on September 11th, our building, like so many in the area, was engulfed in...more
A coalition of 13 AGs wrote a comment letter to the U.S. Department of Transportation supporting a proposed rulemaking meant to close the informational gaps between railroads and first responders regarding hazardous material...more
Linden v. City of Southfield, Michigan, No. 22-1681, Jul. 26, 2023 - Emergency medical personnel were granted qualified immunity after pronouncing a person dead, despite her still demonstrating respiratory movement and...more
The Occupational Safety and Health Administration (OSHA) recently took a major first step toward developing its anticipated standard regarding violence in the healthcare setting, titled “Prevention of Workplace Violence in...more
Cities with a population of 15,500 or more now may specially assess for police and fire services under a new law, Public Act 228 of 2022, that becomes effective on March 28, 2023, that amends Act 33, Public Acts of...more
On June 15, 2022, Michigan Governor Gretchen Whitmer signed legislation amending Act 57, Public Acts of Michigan, 1988 (“Act 57"), to authorize an emergency services authority, established under Act 57 by municipalities to...more
On June 7, 2022, the Minnesota Department of Labor and Industry (MNDOLI) issued its long-awaited approved employer notice regarding requirements under the Frontline Worker Pay Law. As discussed in our previous articles...more
On February 4, 2022, Governor Tim Walz signed House File (H.F.) 1203 into law, which extends the presumption that certain frontline healthcare workers contracted COVID-19 at work if they test positive. The prior presumption...more
Our Virtual Regional Healthcare Compliance Conferences provide updates on the latest news in regulatory requirement, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask...more
Manslaughter, criminally negligent homicide, and other felony charges filed against paramedics in a Denver suburb will provide the public with a queasy close up look at not only the stresses weighing on medical first...more
On June 14, 2021, Texas Gov. Greg Abbott signed into law SB 6, a bill granting retroactive civil liability protections for large and small businesses, and a variety of health care providers and first responders subjected to...more
The Department of Labor’s Occupational Safety and Health Administration (OSHA) recently issued a COVID-19 Emergency Temporary Standard (ETS) for the healthcare industry. The new standard focuses on protecting healthcare...more
Almost six months after President Joe Biden directed the Occupational Safety and Health Administration to determine whether emergency temporary standards (ETS) concerning COVID-19 were necessary, OSHA finally issued the...more
If an employee can establish a direct causal connection to its exposure to COVID-19 via its workplace, the employee may now have a valid claim for workers’ compensation coverage. On April 13, 2020, the Illinois Workers’...more
HB 492 PASSED BY NC HOUSE - On May 6, the N.C. House of Representatives passed H.B. 492 which allows first responders to qualify for workers’ compensation for Post-Traumatic Stress Disorder (PTSD). If passed into law, the...more
A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more
Within days, California employers may have to provide employees with even more COVID-19–related paid leave. On March 18, 2021, the California Legislature passed Senate Bill 95, which creates new Labor Code Section 248.2 and...more
Effective January 9, 2021, Ohio Governor Mike DeWine signed House Bill 308 to create a fund for post-traumatic stress disorder for first responders. This is defined as “paying compensation for lost wages to a public safety...more