Last week, the federal Occupational Safety and Health Administration issued proposed regulations that would allow a wide range of third-party representatives to accompany OSHA investigators during workplace investigations....more
The Washington State Department of Labor and Industries (DLI) and Amazon are engaged in a high-stakes dispute over the agency’s ability to require changes at warehouse operations intended to reduce what the state...more
With summer in full swing, employers should remain aware of employee safety risks associated with heat stress. The federal Occupational Safety and Health Administration continues work on a heat exposure safety standard after...more
Workers’ Compensation law is a double-edged sword. While employers cannot avoid Comp liability based on the employee’s negligent behavior, the injured employee cannot sue the employer outside of the Comp system for damages...more
As spring weather begins in many parts of the U.S., higher temperatures are just around the corner. Now is a good time for employers to review their response to situations involving employee exposure to high temperatures....more
Section 662(d) of the Occupational Safety and Health Act (OSH Act) allows employees to file suit against employers seeking compliance with the Occupational Safety and Health Administration’s (OSHA) safety standards in urgent...more
During the height of the COVID-19 pandemic, employers were understandably concerned that regardless of the measures taken to prevent workplace infections, employees could still place co-workers and third parties in...more
The federal Occupational Safety and Health Administration (OSHA) continues its efforts to scrutinize employers considered to have ignored or minimized safety issues discovered during prior inspections. OSHA previously...more
In our experience, most employers outside of the health care industry have largely lost interest in mandating COVID-19 vaccinations. Given the less lethal variants that cause most current infections, along with lowered rates...more
It may seem like a lifetime ago, but employers may recall that in late 2021, the federal Occupational Safety and Health Administration (OSHA) withdrew its health care emergency temporary standard (ETS) for COVID-19,...more
The federal Centers for Disease Control and Prevention (CDC) has released new guidance on the control and prevention of the COVID-19 virus. The guidance makes significant changes in CDC recommendations for responding to...more
Earlier this month, the Biden administration declared a national health emergency based on the spread of the monkeypox virus. Employers that have endured the COVID-19 emergency may be asking whether there are any steps...more
On July 7, Region 4 of the federal Occupational Safety and Health Administration (OSHA) issued a news release reminding employers of their duty to protect employees from heat-related illnesses. Region 4 includes Florida,...more
As previously reported in EmployNews, the federal Occupational Safety and Health Administration (OSHA) recently announced a three-year national enforcement program to address employee exposure to heat-related health issues....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
Last week, the federal Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program for workplace heat stress risks. The program will involve inspections of both indoor and outdoor worksites...more
A federal district court judge in Texas issued a nationwide injunction blocking implementation of the White House’s COVID-19 vaccination mandate for federal employees. The judge relied on the U.S. Supreme Court’s recent...more
Following its loss at the Supreme Court last week, one might expect the Occupational Safety and Health Administration to throw its hands up and abandon efforts to treat COVID-19 spread as a workplace safety concern. Early...more
Last week, the U.S. Supreme Court agreed to an expedited review of legal challenges to the Occupational Safety and Health Administration’s emergency temporary standard (ETS) requiring employers with 100 or more employees to...more
12/30/2021
/ Compliance Dates ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Masks ,
OSHA ,
SCOTUS ,
Statutory Authority ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 15, the Fifth Circuit Court of Appeals partially lifted a nationwide stay issued by a Louisiana federal district court that preliminarily enjoined the Centers for Medicare & Medicaid Services from implementing its...more
When an employer receives a citation for violation of Occupational Safety and Health Administration safety regulations, it can assert an affirmative defense claiming that the employees were exposed to the hazard as a result...more
On Tuesday, a Louisiana federal district court issued a nationwide preliminary injunction blocking the federal Centers for Medicare & Medicaid Services (CMS) from implementing or enforcing regulations requiring employees of...more
12/6/2021
/ Appeals ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Preliminary Injunctions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As reported in EmployNews, the South Carolina Occupational Safety and Health Administration previously announced that it would not implement the federal OSHA COVID-19 emergency temporary standard (ETS) for health care...more
If an employer receives a citation and notice of penalty from the North Carolina Occupational Safety and Health Administration, that citation contains a number of important options and associated time frames. Earlier this...more
Assuming it takes effect at some point, the Occupational Safety and Health Administration’s new COVID-19 emergency temporary standard (ETS) includes new legal mandates, as well as several options for affected employers. Chief...more
11/19/2021
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Masks ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Temporary Regulations ,
Unions ,
Vaccinations ,
Virus Testing ,
Workplace Safety