The Occupational Safety and Health Administration (OSHA) was directed under an executive order to promulgate an Emergency Temporary Standard (ETS) to address COVID-19 no later than March 15, 2021. It has yet to do so. To read this article in its entirety, please click here.… Continue Reading
Criticizing the Occupational Safety and Health Administration’s (OSHA) enforcement efforts during the COVID-19 pandemic, the Department of Labor Office of the Inspector General (OIG) pushes for a COVID-19, virus-specific standard in its report issued on February 25, 2021. To read the article in its entirety, please click here.… Continue Reading
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 … Continue Reading
The Virginia Safety and Health Codes Board enacted a Permanent Standard on COVID-19 in workplaces in a 9-4 vote on January 13, 2021. On July 15, 2020, Virginia became the first state in the nation to promulgate an Emergency Temporary Standard to address COVID-19 in workplaces. Even with vaccine deliveries on the way, Virginia has enacted … Continue Reading
President-Elect Joseph Biden has not named a nominee for Secretary of Labor yet, much less an Assistant Secretary of Labor for Occupational Safety and Health who would lead the Occupational Safety and Health Administration (OSHA). But individuals with a background in organized labor may be forerunners. He has promised to be “the most pro-union president … Continue Reading
On July 15, 2020, Virginia became the first state in the nation to promulgate an Emergency Temporary Standard to address COVID-19 in workplaces. Even with vaccine deliveries on the way, Virginia has proposed a Permanent Standard for consideration by the Virginia Safety and Health Codes Board (which includes author Courtney Malveaux). To read the article in its … Continue Reading
Virginia Governor Ralph Northam has issued Executive Order Number Seventy-Two, expanding face covering requirements, reducing allowable social gatherings, and directing Virginians to remain at home after midnight. The Order also states that individuals who decline to wear a face covering due to a medical condition are not required to produce medical documentation verifying their stated condition(s) … Continue Reading
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 employers … Continue Reading
A manufacturers’ association and several employers have filed a lawsuit to enjoin Virginia’s Emergency Temporary Standard for Infectious Disease Prevention related to COVID-19, which the Virginia Safety and Health Codes Board adopted on July 15, 2020. To read the entire article, please click here.… Continue Reading
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
The Mine Safety and Health Administration (“MSHA”) has declined to issue an Emergency Temporary Standard (“ETS”) to address pandemic safety for miners. MSHA determined that issuance of an ETS was unnecessary for COVID-19 because MSHA’s existing health and safety standards allow MSHA to require mine operators to take action to abate COVID-19 health hazards in … Continue Reading
Virginia has published its highly anticipated first-in-the-nation emergency temporary standard for COVID-19 in the workplace. Employers may obtain a copy by clicking here. If you have questions or need assistance in an OSHA or VOSH matter, please reach out to a member of the Jackson Lewis Workplace Safety and Health Practice Group.… Continue Reading
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
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
Requirements for recording and reporting of occupational injuries and illnesses are unique in California, with the state having more stringent obligations than federal Occupational Safety and Health Administration (“OSHA”) around both reporting of “serious injuries” and what constitutes a work-related injury or illness. To complicate the matter further for California employers, the State of California … Continue Reading
The Occupational Safety and Health Administration (OSHA) has issued guidance for construction industry employers to prevent spread of COVID-19. In addition to measures the agency suggests for all employers, the guidance includes a variety of preventive measures at construction sites, such as: Using Environmental Protection Agency-approved cleaning chemicals from List N or that have label … Continue Reading
The Occupational Safety and Health Administration (OSHA) has published new guidance requiring employers covered by OSHA’s recordkeeping standards to determine whether employees have contracted COVID-19 while at work. In an effort “to provide certainty to employers and workers,” beginning on May 26, 2020, the agency is requiring all employers to record all COVID-19 cases that: … Continue Reading
With many restaurants limited to offering food and beverage carryout and curbside pickup options because of the COVID-19 pandemic, the Occupational Safety and Health Administration (OSHA) has published guidelines suggesting best practices to prevent the spread of COVID-19. To prevent exposures with customers, OSHA recommends that food and beverage vendors: Avoid direct hand-offs when possible; … Continue Reading
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 … Continue Reading
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 ongoing … Continue Reading
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 … Continue Reading
Due to the evolving coronavirus (“COVID-19”) pandemic and emergence of outbreaks across the country, there have been widespread reports of critical shortages of personal protective equipment (“PPE”), such as masks, face shields, and gowns. OSHA previously issued guidance, including an April 3, 2020 memorandum and interim guidance and a March 14, 2020 enforcement memorandum, which alleviated some … Continue Reading
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 … Continue Reading
Construction workers received guidance on best practices in preventing the spread of novel coronavirus from New York City. The city has recognized that ordinary practices at construction sites – shared tools, huddled shift meetings and packed schedules with varied trade contractors – can present unique dangers at construction sites. The Occupational Safety and Health Administration … Continue Reading
