The Centers for Disease Control and Prevention (CDC) has offered new COVID-19 guidance indicating that fully vaccinated individuals no longer need to wear masks or maintain physical distance from others in most settings. However, questions about employers’ compliance obligations and general duty expectations under the Occupational Safety and Health Act of 1970 (OSH Act) remain.
Articles
OSHA, States Lag Behind CDC Guidance Lifting Requirements for Vaccinated Workers
Since the Centers for Disease Control and Prevention (CDC) offered new COVID-19 guidance allowing fully vaccinated individuals to avoid wearing masks or socially distancing in most settings, employers have been pushing the Occupational Safety and Health Administration (OSHA) and state equivalents to embrace the change, but change is slow.
To read the article in its…
Are Adverse Reactions to COVID-19 Shots Recordable to OSHA? It Depends.
The Occupational Safety and Health Administration (OSHA) has determined that it will consider an adverse reaction to the COVID-19 vaccine a “work-related” recordable illness if an employee is required to take the vaccine as a condition of employment.
To read the full article, please click here.
Employers are Contesting OSHA’s COVID-19 Citations
By Courtney M. Malveaux on
Frustrated by constantly shifting guidance and shortages of respirators and other personal protective equipment experienced in 2020, employers are rejecting Occupational Safety and Health Administration (OSHA) citations for COVID-19 infractions and contesting them like never before.
To read the article in its entirety, please click here.
OSHA Nomination Signals Greater Enforcement, New Standards
By Courtney M. Malveaux on
Signaling significant regulatory and enforcement changes from the Occupational Safety and Health Administration (OSHA), President Joseph Biden has named a California official to lead the agency.
To read the full article, click here.
OSHA Taking Its Time to Issue COVID-19 Emergency Temporary Standard
By Courtney M. Malveaux on
The Occupational Safety and Health Administration (OSHA) was directed under an executive order to promulgate an Emergency Temporary Standard (ETS) to address COVID-19 no later than March 15, 2021. It has yet to do so.
To read this article in its entirety, please click here.
Inspector General Office Report Criticizes OSHA COVID-19 Enforcement, Pushes for COVID-19 Standard
Criticizing the Occupational Safety and Health Administration’s (OSHA) enforcement efforts during the COVID-19 pandemic, the Department of Labor Office of the Inspector General (OIG) pushes for a COVID-19, virus-specific standard in its report issued on February 25, 2021.
To read the article in its entirety, please click here.
Push to Give Workers Right to Sue Employers for Occupational Safety and Health Act Violations
Posted in Articles, OSHA Enforcement
As the Occupational Safety and Health Act (OSH Act) turned 50 in December 2020, the Center for Progressive Reform (CPR) issued “OSHA’s Next 50 Years: Legislating a Private Right of Action to Empower Workers,” in which it suggested that Congress provide a private right of action for employees under the OSH Act.
To…
Virginia Passes Permanent Standard on COVID-19
By Courtney M. Malveaux on
The Virginia Safety and Health Codes Board enacted a Permanent Standard on COVID-19 in workplaces in a 9-4 vote on January 13, 2021.
On July 15, 2020, Virginia became the first state in the nation to promulgate an Emergency Temporary Standard to address COVID-19 in workplaces. Even with vaccine deliveries on the way, Virginia has…
What to Expect from OSHA Under the Biden Administration
By Courtney M. Malveaux on
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…