As COVID-19 continues to spread throughout the United States, one concern is whether there are sufficient numbers of respirators in order to protect healthcare providers who are on the frontlines of dealing with infected and potentially infected patients. On March 11, 2020, President Trump issued a Presidential Memorandum stating that the government “must ensure that
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Kentucky Considers Amendments to Injury Reporting Requirements
On February 12, 2020, Kentucky’s Labor Cabinet’s Department of Workplace Standards has proposed an amendment to its regulation on employer’s obligations to report workplace injury and illnesses. Currently, employers in Kentucky must report all “work-related” incidents involving the loss of an eye, hospitalization of fewer than 3 employees, or amputation within 72 hours of the…
Cal/OSHA Standards Board Approves Employee IIPP Access Rule
As previously addressed by the OSHA Law Blog, California’s Occupational Safety and Health Standards Board (“Standards Board”) considered a proposed standard that would allow employee access to their employer’s Injury and Illness Prevention Plan (“IIPP”). During its January 16th, 2020 meeting the Standards Board approved the proposed rule, which is now expected …
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.…
California Employers May Soon Have to Share Safety Plans
Since 1991, California employers with 10 employees or more have been required to develop written workplace injury and illness prevention plans (“IIPP”). But there is no requirement that employers share those plans with employees. That could be changing soon.
In an upcoming meeting, California’s Occupational Safety and Health Standards Board (“Standards Board”) will be…
Cal/OSHA Shows Concern After Increase in Work-Related Fatalities
On December 18, 2019, Cal/OSHA issued a news release outlining California’s fatal workplace injury data for 2018. Each year California, in conjunction with the U.S. Bureau of Labor Statistics, conducts a Census of Fatal Occupational Injuries (“CFOI”). Cal/OSHA uses the data from the CFOI to help inform its enforcement and education priorities.
In 2018, California…
OSHA Can’t Stop the Music, But Maybe Employers Should
On September 6, 2019, OSHA issued a letter of interpretation in response to an employers question regarding the use of headphones to listen to music on construction sites. The employer stated that some headphones are advertised as “OSHA approved” and asked whether OSHA had any specific regulation that prohibits the use of headphones to listen…
OSHA Signals Its Regulatory Priorities in Fall Agenda
Twice a year, once in the spring and once in the fall, federal executive agencies, including OSHA, publish their expected rulemaking activity. Last week the Fall 2019 Unified Agenda of Regulatory and Deregulatory Actions was released. This agenda lays out the regulatory priorities of over 60 federal agencies, departments, and commissions for the next 12…
House Passes Workplace Violence Bill Despite Veto Threat
In a bipartisan 251 to 158 vote, the House of Representatives passed H.R. 1309, which would require the Department of Labor to develop a standard addressing workplace violence in the health care and social services industry. The bill would require that the Department of Labor develop and issue an interim rule on workplace violence…
Injury and Illness Rates Unchanged in 2018
Each year, the Bureau of Labor Statistics (“BLS”) conducts the Survey of Occupational Injuries and Illnesses (“SOII”), collecting a sample of data from select employers to represent all industries and sizes of establishments. From that sample, BLS calculates national injury and illnesses rates for certain industries.
In 2003, the injury and illness rate for private…