Photo of Courtney M. Malveaux

Courtney M. Malveaux is a Principal in the Richmond, Virginia, office of Jackson Lewis. P.C. He co-leads the firm’s Workplace Safety and Health Practice Group and the firm’s Construction Industry Group. His practice focuses on representing employers cited by the Occupational Safety and Health Administration and other regulatory agencies, oftentimes following catastrophic incidents.

Mr. Malveaux advises and represents employers in employment law matters, including retaliation claims, employment discrimination, unemployment benefits and wage claims. He also represents business associations in state and federal legislative and regulatory matters, and he has testified before Congressional and state legislative committees on workplace safety  and health matters.

Mr. Malveaux represents industry on the Virginia Safety and Health Codes Board, and pulled together a broad coalition of business and safety associations to pass laws in four states to make voluntary compliance a permanent part of a state Occupational Safety and Health Act.

Before joining Jackson Lewis, Mr. Malveaux enforced occupational safety and health law and other state and federal labor laws as Virginia’s Labor Commissioner while also serving as President of the National Association of Government Labor Officials.

On September 9, 2021, the White House issued Path Out of the Pandemic: President Biden’s COVID-19 Action Plan (the Plan). The Plan outlines a six-pronged approach, portions of which will impose new obligations on employers across the country.

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This past spring, the Occupational Safety and Health Administration (OSHA) announced its intention to implement a new heat illness standard that will apply to indoor environments. The agency said it has manufacturing facilities in mind, as the rule targets “indoor workers without climate-controlled environments.”

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The U.S. Department of Labor’s (DOL) regulatory agenda for spring 2021 lists regulations the agency will focus on for the next six months, including 26 Occupational Safety and Health Administration (OSHA) regulations, six of which are in the final rule stage and the rest are in the proposed or pre-rule stage. Many of them will

Fifteen months after the COVID-19 pandemic began, the Occupational Safety and Health Administration (OSHA) has promulgated an Emergency Temporary Standard (ETS) for healthcare employers. OSHA has published voluntary guidance for other industries.

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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.

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.

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