A Congressional committee has approved maximum penalties of $700,000 per item for violations of Occupational Safety and Health Administration (OSHA) standards.
To read this article in its entirety, please click here.
Enforcement
Despite Relaxed CDC COVID-19 Guidance, No Relaxing of Rules (Yet) in California, Virginia
Posted in Articles, Cal/OSHA, COVID-19, OSHA Enforcement, OSHA Guidance, OSHA Rulemaking, State Plan
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.…
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.
Employers are Contesting OSHA’s COVID-19 Citations
By Courtney M. Malveaux on
Frustrated by constantly shifting guidance and shortages of respirators and other personal protective equipment experienced in 2020, employers are rejecting Occupational Safety and Health Administration (OSHA) citations for COVID-19 infractions and contesting them like never before.
To read the article in its entirety, please click here.
OSHA Nomination Signals Greater Enforcement, New Standards
By Courtney M. Malveaux on
Signaling significant regulatory and enforcement changes from the Occupational Safety and Health Administration (OSHA), President Joseph Biden has named a California official to lead the agency.
To read the full article, click here.
Push to Give Workers Right to Sue Employers for Occupational Safety and Health Act Violations
Posted in Articles, OSHA Enforcement
As the Occupational Safety and Health Act (OSH Act) turned 50 in December 2020, the Center for Progressive Reform (CPR) issued “OSHA’s Next 50 Years: Legislating a Private Right of Action to Empower Workers,” in which it suggested that Congress provide a private right of action for employees under the OSH Act.
To…
Can You Claim Employee Misconduct In an OSHA Citation?
By Courtney M. Malveaux on
Posted in Articles, OSHA Enforcement
When Occupational Safety and Health Administration (OSHA) cites for a workplace injury, employers often claim employee misconduct as an affirmative defense. There are a few key points employers can keep in mind.
To read the full article, click here.
OSHA Enforcement Delays Can Get Citations Dismissed in Virginia
By Courtney M. Malveaux on
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,…
OSHA Outlines Discretion in Issuing Citations During Coronavirus Pandemic based on Employer’s Good Faith Efforts
By Raymond Perez, II on
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…
Los Angeles, New York Impose New Construction Requirements and Restrictions Due to COVID-19
By Courtney M. Malveaux on
While the Occupational Safety and Health Administration (OSHA) and some states have offered guidance to prevent employee exposure to COVID-19, Los Angeles, the state of New York, and New York City are enforcing more restrictive measures for construction sites.
Based on guidance from the U.S. Centers for Disease Control and Prevention (CDC), the Los Angeles…