President-Elect Joseph Biden has not named a nominee for Secretary of Labor yet, much less an Assistant Secretary of Labor for Occupational Safety and Health who would lead the Occupational Safety and Health Administration (OSHA). But individuals with a background in organized labor may be forerunners. He has promised to be “the most pro-union president
OSHA Guidance
OSHA Issues COVID-19 Respiratory Protection Guidance for Long Term Care Facilities
OSHA has issued guidance on personal protective equipment (“PPE”) and respiratory protection use in nursing home and long term care facilities (collectively “LTCFs”) to protect against COVID-19. In its recently issued guidance, OSHA sets forth additional detail about the strategies it believes LTCFs should consider when protecting employees from COVID-19. As a preliminary reminder,…
OSHA issues Guidance on Ventilation
As part of the agency’s ongoing efforts to address the COVID-19 pandemic in workplaces, OSHA continues to issue alerts and guidance designed to keep workers safe. The most recent guidance issued by OSHA deals with ventilation in the workplace to help maintain a safe and healthy work environment.
Under the guidance, OSHA recommends that…
Surgical Masks, Respirators, and More: Employers Grapple with Personal Protective Equipment Requirements Amid Constantly Evolving COVID-19 Guidance and Laws
Eight months into the coronavirus (“COVID-19”) pandemic and employers in both healthcare and non-healthcare settings are grappling with requirements for employees’ use of personal protective equipment (“PPE”) and respiratory protection. Rather than clarify the requirements, continually evolving guidance from the Centers for Disease Control and Prevention (“CDC”), Occupational Health and Safety Administration (“OSHA”), state safety…
CDC’s Expansion of “Close Contact” Definition Spells Trouble for Employers
On Wednesday, October 21, 2020, the CDC issued new guidance expanding the definition of a “close contact” from someone who has been within 6 feet of a COVID-19 positive person for 15 minutes or more to:
“Someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more…
Cal OSHA issues Updated Infection Prevention Guidance for Agricultural Employers
To assist with protecting the essential workers who work in the agricultural industry, California’s Department Industrial Relations Division of Occupational Safety and Health (“Cal OSHA”) issued updated guidance on coronavirus (“COVID-19”) infection prevention procedures for employers in the agricultural industry. Read our full article on the guidance here.
OSHA Publishes, Then Withdraws, A Broad Position on Reporting COVID-19 Hospitalizations and Fatalities
OSHA quietly updated its COVID-19 FAQs in mid-July to add guidance that took an extremely broad (and arguably unenforceable) interpretation of an employer’s responsibility to report COVID-19 hospitalizations and fatalities. Just as quietly, over the last weekend in July, it removed the updated Reporting FAQs. Now employers are left to speculate whether the guidance is…
OSHA Reminds Employers of Duty to Protect Employees from Heat Exposure
The arrival of the hot summer season brings the risks and dangers of heat exposure for many employees throughout the United States. The Occupational Safety and Health Administration (OSHA) has issued a reminder to employers of their duty to protect employees, along with some guidance on ways to recognize and mitigate the risks of heat…
New OSHA Guidance for Businesses Returning to Work
Late last week, the Occupational Safety and Health Administration (“OSHA”) issued new guidance for employers that are reopening their businesses and returning employees to work. Intended as a supplement to the agency’s earlier Guidance on Preparing Workplaces for COVID-19, this guidance does not offer any new recommended practices or strategies for minimizing and preventing…
California Employers Face Different Recording and Reporting Requirements for COVID-19 Cases
Requirements for recording and reporting of occupational injuries and illnesses are unique in California, with the state having more stringent obligations than federal Occupational Safety and Health Administration (“OSHA”) around both reporting of “serious injuries” and what constitutes a work-related injury or illness. To complicate the matter further for California employers, the State of California…