Tag Archives: Articles

Have You Started Your COVID-19 Training and Infectious Disease Plan In Virginia?

Virginia recently enacted its Emergency Temporary Standard for COVID-19. The standard’s requirement that employers train workers came and went on August 26, 2020. Virginia Occupational Safety and Health expects employers to complete their Infectious Disease Preparedness and Response Plans no later than September 25, 2020. To view the complete article, please click here.… Continue Reading

Virginia Passes First-In-Nation OSHA Standard for COVID-19

Employers wondering whether Virginia is the new California just got their answer: California has some catching up to do. In a split vote, the Virginia Safety and Health Codes Board (which includes author Courtney Malveaux) passed a first-in-the-nation standard to address COVID-19 in workplaces. Virginia Occupational Safety and Health (VOSH), the state’s version of the … Continue Reading

OSHA Enforcement Delays Can Get Citations Dismissed in Virginia

In Virginia, Occupational Safety and Health Administration (OSHA) citations can get dismissed if the agency delays too long. Virginia Occupational Safety and Health (VOSH) enforces occupational safety and health laws on behalf of OSHA in Virginia. VOSH covers most private employers in Virginia, as well as all state and local employees. Unlike in other states, … Continue Reading

OSHA Does Not Back Employee Work Refusals in All Circumstances

Since March 2020, workers have expressed elevated concerns about their exposure to COVID-19 on construction sites. As states lift restrictions on construction work, employers should note that the Occupational Safety and Health Administration (OSHA) limits workers’ ability to refuse work.   To read the full article, click here.… Continue Reading

Illinois Firearms Concealed Carry Act Update

Property owners wishing to prohibit concealed firearms from being carried on their property must post officially approved signage conspicuously at the entrance of their building, premises or real property, according to a regulation published by the Illinois State Police. Owners of parcels where concealed carry is prohibited by the Illinois Firearms Concealed Carry Act also … Continue Reading

Imminent Danger is Focus of Government Safety Agencies’ Shutdown Strategies

Their regular duties put on hold by the government shutdown, the Mine Safety and Health Administration (MSHA) and the Occupational Safety and Health Administration (OSHA) are operating under contingency plans to guard against imminent safety and health threats, while legal challenges to these agencies’ enforcement proceedings have largely been suspended. MSHA’s plan to weather the … Continue Reading

Supervisor’s Misconduct Alone is Insufficient to Impose Liability under OSHA, Circuit Court Rules

An employer may not be held liable for a violation of the Occupational Safety and Health Act (“OSHA”) based solely on a supervisor’s knowledge of his own misconduct, the U.S. Court of Appeal for the Eleventh Circuit in Atlanta has ruled in a case of first impression for the circuit. ComTran Group v. U.S. Dep’t … Continue Reading

Employer May be Liable for Injury Caused by Employee Who Drank Too Much at Company Party, California Court Rules

An employer could be held liable for its employee’s off-duty accident as long as the proximate cause of the injury (here, alcohol consumption) occurred within the scope of employment, the California Court of Appeal has held, reversing summary judgment in favor of the employer. The Court further ruled it was irrelevant that the effect of … Continue Reading

Walking through an OSHA inspection: A step-by-step guide to safety compliance

If there’s one sound that perks the ears of safety officers at any medical facility, it’s a knock at the door from an OSHA inspector. OSHA inspections can seem like a nerve-wrecking and stressful ordeal, particularly for smaller facilities, but with the right preparation, the inspection process can be relatively painless. This preparation revolves around … Continue Reading

Jackson Lewis Hires Seven High-Profile Attorneys to Workplace Safety and Health Group

I am pleased to announce the addition of several new leading safety and health lawyers to the Jackson Lewis team.  Joining us from Patton Boggs are Henry Chajet, Mark Savit, Brian Hendrix, Avi Meyerstein, Donna Pryor, and Bob Horn.  And joining us from Ogletree Deakins is Tressi Cordaro.  Collectively, these outstanding lawyers have several decades … Continue Reading

OSHA Issues FY 2014 Budget Justification

OSHA recently issued its FY 2014 Budget Justification.  The document spans over 130 pages and provides a wealth of information regarding the Agency’s priorities. In FY 2014, OSHA proposes to continue its aggressive enforcement posture.  The Budget Justification cites a recent study published in Science magazine entitled Randomized Government Safety Inspections Reduce Worker Injuries with … Continue Reading

Obama Administration Releases Final Regulations Impacting Wellness Programs, Changes Loom for ‘Outcome-Based’ Programs

In the latest round in the debate over employment-based wellness programs, the U.S. Departments of Health and Human Services (HSS), Labor and the Treasury have issued final regulations on the treatment of such programs under the Affordable Care Act (ACA). While the new regulations raise the maximum permissible reward that may be offered in connection … Continue Reading

Avoiding Liability for Work-Related Injuries to Undocumented Workers

Employers are well aware that just one work-related accident or illness can result in medical expenses, rehabilitation services, and liability compensation. A recent Nebraska Supreme Court decision is a reminder that undocumented aliens, as well as legal workers, may bring workers’ compensation claims. In Moyera v. Quality Pork Int’l, 284 Neb. 963 (Jan. 4, 2013), … Continue Reading

Inquiry to Determine Employee’s Religious Objection to Mandatory Vaccination Gains EEOC Counsel’s Support

Employers may seek additional information regarding an employee’s religious beliefs where the employee seeks to be excused from participating in a mandatory influenza vaccination program for religious reasons, according to the Equal Employment Opportunity Commission’s Office of Legal Counsel. The opinion came in an informal discussion letter in which the Office responded to an inquiry … Continue Reading

OSHA Reports Whistleblower Claims are Rising

Employee claims of retaliation have risen steadily on a year-to-year basis and recent government statistics suggest this is a continuing trend. The Occupational Safety and Health Administration (“OSHA”), which enforces 22 separate federal whistleblower statutes, has issued updated statistics showing the number of whistleblower cases filed with the agency and their outcome. According to the … Continue Reading

GAO Study Critical of OSHA’s NRTL Program

The General Accounting Office (GAO) has just completed a critical review of OSHA’s Nationally Recognized Testing Laboratory (NRTL) Program.  The NRTL Program is an OSHA program that accredits laboratories to perform testing of certain equipment to ensure its safety when used in the workplace.  Most notably, all electrical equipment used in worksites across the country … Continue Reading