In Michigan, various state employment laws prohibit employers from retaliating against employees. But can an employee pursue a public policy retaliation claim against the employer in addition to a statutory retaliation claim?...more
This is the first in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act, the Occupational Safety and Health Administration (OSHA), and how both...more
On September 22, 2023, the North Carolina General Assembly approved a budget for the period from July 1, 2023, through June 20, 2025. After its passage, Governor Roy Cooper announced that he would allow the budget to become...more
The Nevada Occupational Safety and Health Administration (Nevada OSHA) seeks to implement a new regulation aimed at preventing heat-related illnesses and ensuring the well-being of workers in the state. While this regulation...more
On May 24, 2023, Governor Tina Kotek signed into law legislation raising the maximum penalties for workplace fatality–related citations in Oregon far above federal limits. The law took effect immediately....more
Following a 2020 fire that resulted in several employee fatalities, the North Carolina Occupational Safety and Health Administration (NCOSHA) issued a series of citations and penalties to the employer involved in that...more
California has long led the nation in addressing workplace violence via the California Division of Occupational Safety and Health’s (Cal/OSHA) Workplace Violence Prevention in Health Care standard. The federal Occupational...more
On May 10, 2023, the Oregon Health Authority (“OHA”) announced that, effective May 11, it is suspending the statewide rule requiring that health care workers be fully vaccinated against COVID-19 unless they have an approved...more
The Nevada Occupational Safety and Health Administration (NV OSHA) recently announced an increase in penalties for workplace safety violations, as well as a renewed focus on specific industries for inspections. The new...more
The Occupational Safety and Health Administration’s (OSHA) bloodborne pathogens standard, 29 C.F.R. § 1910.1030, requires employers having employees with “occupational exposure to blood or other potentially infectious...more
At its meeting on September 15, 2022, the Cal/OSHA Standards Board held a public hearing on a proposed non-emergency COVID-19 standard. The hearing and subsequent Board discussion during the meeting demonstrated that there...more
The Occupational Safety and Health Administration (“OSHA”) recently unveiled a new National Emphasis Program (“NEP”) for outdoor and indoor heat-related hazards. To best protect workers in hot working environments,...more
The federal Occupational Safety and Health Administration (OSHA) is holding off on deciding whether to revoke final approval of Arizona’s occupational safety and health (OSH) plan. On August 10, 2022, OSHA said it is...more
On April 21, 2022, the federal Occupational Safety and Health Administration (OSHA) issued a a proposed rule to revoke Arizona’s occupational safety and health (OSH) plan’s final approval under Section 18(e) of the...more
Tucked into the state budget recently passed by the General Assembly and expected to be signed by Governor Cooper is a provision, see here (reference Part XIII. Labor, page 131), that would dramatically raise the penalties...more
NLRB GC Provides Update on Recent Remedies. - Remember back in September 2021 when the Buzz reported on National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo’s memorandum instructing regional directors to...more
With summer weather and wildfire season approaching, Washington employers will have new seasonal workplace safety rules to take into account. On June 1, 2022, the Washington State Department of Labor & Industries (L&I)...more
On May 9 and 10, 2022, the Oregon Occupational Safety and Health Administration (Oregon OSHA) adopted final rules on heat illness and wildfire smoke. The Oregon OSHA Final Heat Illness Prevention Standard - Oregon...more
The Occupational Safety and Health Act (OSHA) established a dual enforcement structure for inspections and citations for workplace safety issues. Either federal OSHA enforces the law, or states have the option of electing to...more
From 2020 through 2021, wildfires burned more than 1.5 million acres of land in Oregon. To put things in perspective, the area that burned was approximately seven times the size of New York City....more
On Jan. 25, the federal Occupational Safety and Health Administration (OSHA) responded to the Supreme Court’s recent stay of its Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or testing by releasing a rule...more
Nevada’s Occupational Safety and Health Administration (Nevada OSHA) is performing targeted inspections of Nevada’s hospitality establishments. Even though Nevada OSHA’s “Inspection Targeting Plan and Emphasis Programs”...more
On January 13, 2022, the Oregon Occupational Safety and Health Division (Oregon OSHA) announced that because the Supreme Court of the United States has stayed the federal Occupational Safety and Health Administration’s (OSHA)...more
Minnesota’s Occupational Safety Administration (MNOSHA) adopted the federal Occupational Safety Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) on January 3, 2022, and began...more
Oregon operates a state plan that the U.S. Occupational Safety and Health Administration (OSHA) has approved that applies to both public and private employers. Accordingly, Oregon employers are subject to the state OSHA’s...more