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
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COVID-19 Reporting: An Employer’s Nightmare
It is an unfortunate outcome of this pandemic that in the OSHA world, guidance lags behind enforcement. While state and federal agencies try to make up their minds on the best way of managing COVID-19 threats in the workplace, many employers who have to remain open are receiving citations and penalties for, essentially, making educated…
Assembly Bill 685 Changes Employer Notification Requirements on COVID-19 and Enhances Cal OSHA Enforcement Abilities
On September 17, 2020, Governor Newsom signed Assembly Bill (“AB”) 685, which requires employers to provide written notifications to employees within one business day of receiving notice of potential exposure to coronavirus (“COVID-19”). AB 685 also authorizes the Division of Occupational Safety and Health (“Cal OSHA”) to prohibit operations, processes, and prevent entry into…
More Guidance on COVID-19 Response Measures for FDA Regulated Human and Animal Food Operations
To help employers in regulated human and animal food operations navigate ongoing challenges from the coronavirus (“COVID-19”) pandemic, the U.S. Food and Drug Administration (“FDA”), Centers for Disease Control and Prevention (“CDC”), and Occupational Safety and Health Administration (“OSHA”) have joined in publishing the sixteen page “Employee Health and Food Safety Checklist for Human…
Wildfires Present Challenges for California Employers
As fire season starts and some areas of California and several other states are attempting to contain wildfires, employers need to consider their obligations to employees. In some circumstances, employers must implement a variety of controls to protect employees from wildfire smoke, including engineering and administrative controls, or require the use of personal protective equipment…
OSHA Issues New Enforcement Guidance on Respiratory Protection
Earlier today, the Occupational Safety and Health Administration’s (“OSHA”) Directorate of Enforcement Programs issued a new memorandum and interim guidance (“Enforcement Guidance”) on enforcement of the respiratory protection standard, 29 CFR § 1910.134, and certain other health standards, in light of the severe shortages in respirator availability. Consistent with the agency’s March 14, 2020 enforcement…
OSHA Issues Guidance on COVID-19 for Employers
Is COVID-19 Recordable or Reportable to OSHA?
We are all adjusting to a new normal for the next few weeks and the impact on COVID-19 is significant on employers, this includes ensuring employees who may be at risk are kept safe and healthy by implementing necessary OSHA requirements. A few weeks ago, OSHA issued general guidance on COVID-19 for employers. In doing…
Review Commission Gains Quorum After Senate Confirmations
Since April of 2019, the Occupational Safety and Health Review Commission (“Commission”) has been a panel of one. After Chairwoman Heather MacDougall resigned from the Commission on March 31, 2019 and Commission Cynthia Attwood’s term ended in April of 2019, the Commission was left with one member, Commissioner James Sullivan, Jr. In July 2019, Mr.…
OSHA Penalty Increase Effective Tomorrow
The Inflation Adjustment Act requires the Department of Labor to annually adjust its civil monetary penalties to adjust for inflation no later than January 15 of each year. Today, the Federal Register published the Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2020. This final rule increases civil penalties the Department of Labor…