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OMB Releases Regulatory Agenda for Fall 2022 for OSHA/MSHA/DOL

On January 4, 2023, the White House Office of Management and Budget (OMB) released the 2022 Unified Regulatory Agenda and Regulatory Plan (Fall 2022 Agenda) that reports on all planned rulemaking actions of administrative...more

OSHA Investigates Cannabis Cultivation Facilities for Respiratory Hazards

In January of 2022, a worker in a Massachusetts cannabis cultivation facility died because of “the hazards of ground cannabis dust,” according to a report issued by the Occupational Health and Safety Administration (OSHA). ...more

MSHA Announces New Silica Enforcement Initiative

MSHA has announced a new enforcement initiative regarding overexposure to respirable crystalline silica. The silica enforcement initiative is intended “to take immediate action to reduce the risks the silica exposure.” ...more

OSHA Hosts Stakeholder Meeting on Heat-Related Hazards

On May 3, 2022, OSHA held a stakeholder meeting regarding the development of a nationwide occupational heat standard to prevent heat injuries and illness. The meeting featured opening remarks by Assistant Secretary of Labor,...more

MSHA Begins New Enhanced Enforcement Program in Coal and Metal/Nonmetal

On April 4, 2022, MSHA began a new enhanced enforcement program. Due to the number of fatalities around the country, all citations written under the following standards will be considered and reviewed for a special assessment...more

OSHA Enforcement Update: New OSHA Internal Memorandum Provides Enforcement Guidance on Electronic Submission of Injury and Illness...

On Monday, April 4, 2022, OSHA released a new memorandum to regional administrators regarding enforcement of OSHA’s rule requiring electronic submittal of injury and illness records....more

OSHA Re-opens Comment Period and Schedules Public Hearing on ETS – Occupational Exposure to COVID-19

On March 23, 2022, the Occupational Safety and Health Administration (OSHA) published a notice in the federal register announcing a limited re-opening of the comment period regarding OSHA’s final standard to protect...more

MSHA Announces New Public Education Campaign

MSHA has announced a new campaign focusing on mine operators’ obligations to ensure that miners are fully trained and able to take time to follow best safety practices. To that end, MSHA is providing resources on powered...more

Stay Prepared: Create Your Customized COVID-19 Policy

This month, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees...more

Delta Variant: New OSHA Guidance To Mitigate Spread Of COVID-19 In The Workplace

On August 13, 2021, the Occupational Safety and Health Administration (OSHA) published updated guidance for the mitigation and spread of COVID-19 in the workplace. This guidance is for workers not covered by OSHA’s COVID-19...more

What Does The New CDC Guidance Regarding Masks Mean For Employers?

On May 13, 2021, the Centers for Disease Control and Prevention (CDC) issued new guidance withdrawing the mask and physical distancing requirements for fully vaccinated individuals. The new CDC guidance raises issues for...more

OSHA Update: Recording Vaccine Reactions At Worksites And COVID-19 ETS Budget Draft

On April 20, 2021, the Department of Labor Occupational Safety and Health Administration (OSHA) issued guidance related to adverse reactions after receiving a COVID-19 vaccination. According to the guidance, an adverse...more

The Biden Administration: Expected Changes At The Department Of Labor

On March 22, 2021, former two-term Boston Mayor Marty Walsh was confirmed as U.S. Secretary of Labor in a 68-29 Senate vote. The U.S. Chamber of Commerce (Chamber) supported Walsh’s nomination as Secretary of Labor due in...more

Doug Parker, Chief Of Cal OSHA, Nominated To Lead OSHA

On April 9, 2021, the White House issued a press release announcing its nomination of Douglas Parker (Parker) for the position of Assistant Secretary for the Occupational and Health Administration (OSHA). Parker is currently...more

OSHA Issues NEP And Updated Enforcement Response Plan To Combat Workplace Exposure To COVID-19

As mandated by President Biden’s January 21 Executive Order, OSHA has announced a National Emphasis Program (NEP) designed to protect workers from contracting COVID-19. On March 12, 2021, OSHA announced its new national...more

MSHA Announces New Guidelines On Mitigating And Preventing The Spread Of COVID-19

One year into the pandemic, MSHA has released new guidance to help miners and operators identify the risks of being exposed to COVID-19 at work and to help them determine appropriate control measures to reduce the risk of...more

OSHA Posts New Guidance On Mitigating And Preventing The Spread Of COVID-19 In The Workplace

On January 29, 2021, OSHA posted new guidance on mitigating and preventing the spread of COVID-19 in the workplace. The latest OSHA guidance standardizes a new name for employer policies: “COVID-19 Prevention Program.” In the...more

President Biden Orders OSHA To Release New COVID-19 Guidance

On January 21, 2021, President Biden signed an executive order directing the Occupational Safety and Health Administration (OSHA) to issue revised guidance to employers on workplace safety during the COVID-19 pandemic...more

Coronavirus Is Not For Everyone: What Should Employers Do?

As cable news hysteria continues to spread far faster than the novel coronavirus itself, government agencies are issuing alerts, and many employers are wondering what – if anything – they should be doing to protect their...more

OSHA, Workplace Violence, And The Healthcare Industry

Unfortunately, workplace violence is in the news every day. OSHA is paying increasing attention to the workplace violence issue, particularly in the healthcare industry. While there is no specific OSHA regulation addressing...more

As We Mark National Heat Awareness Day, Is A Heat Stress Standard On The Horizon?

May 31 is National Heat Awareness Day, according to OSHA and the National Weather Service. This year, the day falls at a time when the rules about preventing heat illness may be in flux. In fact, after OSHA lost a recent case...more

OSHA penalties Are Going Up. Repeats Will Cost Up To $132,598 In 2019.

As of the end of last month, OSHA citations will cost you more. The Department of Labor published the official version of the Final Rule for the Federal Civil Penalties Inflation Adjustment Act Annual Adjustment for 2019,...more

Cannabis Infused-Product Manufacturer Cited By Cal/OSHA #2

Can OSHA inspect cannabis facilities? Some cannabis cultivators and manufacturers believe they are exempt from OSHA visits because the Federal government does not recognize cannabis as a legal drug....more

Cannabis Infused-Product Manufacturer Cited By Cal/OSHA

Some cannabis cultivators and manufacturers believe they are exempt from OSHA visits because the Federal government does not recognize cannabis as a legal drug. On June 19, 2018, a worker in a California cannabis...more

Recent Case Highlights Key To Defending MSHA Immediate Reporting Citations: Totality Of The Circumstances

One unique challenge on mine sites is the rule requiring a phone call to MSHA within 15 minutes of certain serious accidents. Operators otherwise consumed with emergency response must make quick, on-the-scene judgments about...more

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