Employers can breathe a sigh of relief for now as it appears that Senate Democrats are no longer pursuing a massive increase to OSHA’s penalties for safety violations. Currently, the maximum fine OSHA can assess against an employer per alleged repeat, willful, or failure-to-abate violations is $145,027. The penalty amount is subject to automatic annual
Raymond Perez, II
Raymond “Ray” Perez is Of Counsel in the Atlanta, Georgia, office of Jackson Lewis P.C.
Mr. Perez practices in all areas of labor and employment law with a focus on FLSA/Wage-Hour laws, employment discrimination, immigration matters, unemployment compensation, occupational safety and health (OSHA), affirmative action programs and policies (OFCCP), employment policies and handbooks, personnel and Form I-9 audits, contract issues, federal contractor provisions and responsibilities, litigation in all forums and litigation avoidance and defense management.
While attending law school, Mr. Perez clerked for Judge T. Jackson Bedford, Jr. in the Superior Court of Fulton County.
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.
OSHA Issues New Guidance for Employers Combating COVID-19
On January 29, 2021, the Occupational Safety and Health Administration (OSHA) published “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.” The Guidance incorporates much of the existing guidance from the Centers for Disease Control and Prevention (CDC), adds to guidance OSHA previously issued, and reflects strategies and…
OSHA Issues Updated COVID-19 Guidance in Compliance with President Biden’s Executive Order
As directed by President Joe Biden’s Executive Order issued on January 21, 2021 requiring the Federal Government to take swift action to protect workers from the COVID-19 pandemic, the Occupational Safety and Health Administration (“OSHA”) has released updated guidance on how to prevent exposure and the spread of COVID-19 in the workplace.
The guidance entitled…
New Year, New OSHA Citation Penalty Amounts
After Congress passed the Federal Civil Penalties Inflation Adjustment Act Improvements Act in 2015, it has now become an annual requirement for the U.S. Department of Labor to adjust civil penalty amounts for the various laws it enforces using cost-of-living adjustments to account for inflation. According to the Act, the purpose of these annual adjustments…
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…
OSHA and CDC Issue Interim Guidance on COVID-19 for Meat and Poultry Processing Workers and Employers
Meat processing and packing facilities around the United States have emerged as hotspots for COVID-19. While handling and processing meat and poultry does not expose workers to coronavirus, close contact with coworkers and supervisors may contribute to their potential exposures. A number of facilities have had to temporarily close down operations due to outbreaks of…
OSHA Outlines Discretion in Issuing Citations During Coronavirus Pandemic based on Employer’s Good Faith Efforts
On April 16, 2020, OSHA issued an Enforcement Memorandum directed to Regional Administrators and State Plan Designees giving them Discretion in Enforcement when Considering an Employer’s Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic. Under the Memo, OSHA acknowledges that some “employers may face difficulties complying with OSHA standards due to the…
OSHA Issues COVID-19 Alert Identifying Safety Tips for Package Delivery Workers
In light of the ongoing safety concerns related to COVID-19, OSHA issued an alert identifying various voluntary safety measures that employers can take to keep package delivery workers safe from exposure to coronavirus. OSHA’s safety tips included:
- Establishing flexible work hours (e.g., staggered shifts) where feasible;
- Minimizing interaction between drivers and customers by leaving deliveries
Review Commission Requests Outside Comments From Interested Parties To Evaluate Workplace Heat Stress Case
The Occupational Safety and Health Review Commission (OSHRC) is reviewing OSHA’s use of the general duty clause to issue citations against employers for heat-related hazards that are likely to cause death or serious bodily harm to employees. OSHRC accepted for review the case of Secretary of Labor, Department of Labor vs. A.H. Sturgill Roofing, Inc.…