As Monkeypox (MPX) continues to be an issue throughout California, Cal/OSHA issued guidance to assist in protecting employees. However, this guidance applies only to workplaces covered by the Aerosol Transmissible Diseases (ATD) standard, which is notable because the guidance itself states that “MPX spreads primarily by close or direct contact with infectious rashes, lesions, scabs
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The Ongoing Saga with OSHA’s Rulemaking on New and Altered Hazard Communication Requirements
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As Occupational Safety and Health Administration (“OSHA”) evaluates amending the Hazard Communication Standard (“HCS”), 29 CFR 1910.1200, both industry and work safety groups continue to warn that the proposed changes go too far. Although couched as simple changes that will bring the standard in alignment with international standards for management of hazardous materials, the…
California Employers Contend with Mixed Signals as the State Prepares to Reopen
By Cressinda D. Schlag on
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Since California announced plans for “preparing to get back to normal,” many California employers have eyed California’s reopening date of June 15th as the date they can return to the office or resume normal operations. But even though it is clear California wants to reopen the economy, California employers that are preparing their return…
As States Reopen Employers Face Hard Choices on How to Manage Workplace Safety
By Cressinda D. Schlag & Juliana C. Gaige on
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The coronavirus (“COVID-19”) pandemic has continued to evolve, with COVID-19 cases declining in some areas and vaccinations being rolled out in phases by local public health authorities. Yet widespread vaccinations are not expected to be in place until later in 2021, with many Americans not having access to vaccines until May or June at the…
New and Altered Hazard Communication Requirements Coming Soon
By Cressinda D. Schlag on
Posted in Uncategorized
Earlier this month, the Occupational Safety and Health Administration (“OSHA”) announced proposed amendments to the Hazard Communication Standard (“HCS”) in 29 CFR 1910.1200. The last time OSHA amended the HCS was in 2012 to align the standard with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (“GHS”) and to create…
A New Chairperson Now Leads the Occupational Safety and Health Review Commission
By Mary L. Bradley on
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Cynthia L. Attwood was sworn in as Chair of the Occupational Safety and Health Review Commission (Review Commission), January 20, 2021, following her designation by President Joseph R. Biden Jr. Ms. Atwood is very familiar with the role of Chair, having served as Acting Chairman and then Chairman from April 2015 until January 2017. In…
Additional Guidance for Cal OSHA’s COVID-19 Emergency Temporary Standards
By Cressinda D. Schlag on
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In November, California quietly approved the Division of Occupational Safety and Health’s (“Cal OSHA”) COVID-19 Emergency Temporary Standard (“ETS”). Almost immediately, Cal OSHA’s ETS caused significant confusion and challenges for employers, who were already struggling with countless federal, state, and local requirements pertaining to COVID-19. Cal OSHA’s ETS also appeared to create new and…
Reminder: OSHA 300A Data Due By March 2, 2021
By Catherine A. Cano on
Posted in Uncategorized
The Occupational Safety and Health Administration (“OSHA”) kicked off the new year with a friendly reminder that covered employers must electronically submit Form 300A data for calendar year 2020 between January 2, 2021 and March 2, 2021. A paper copy of the 300A form must also be posted in for each establishment from February 1…
Washington State Is Developing Wildfire Smoke Worker-Safety Rules
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Smoke from Western wildfires caused Washington state to experience some of the worst air quality in the world this year, which increased health risks to outdoor workers. In response, the state’s Department of Labor & Industries’ Division of Occupational Safety and Health (“L&I” or “Division”) announced that it is developing new workplace health and safety…
Federal Appeals Court Deals Blow to OSHA’s Ability to Cite Repeat Violations
By Melanie L. Paul on
On Tuesday, October 27, 2020, the U.S. Court of Appeals for the Tenth Circuit issued a long- awaited decision in Sec’y of Labor v. Wynnewood Refining Co., LLC. That case originated in 2012 when OSHA inspected the company following a boiler explosion that killed two employees. OSHA issued several repeat citation items under the Process…