A Congressional committee has approved maximum penalties of $700,000 per item for violations of Occupational Safety and Health Administration (OSHA) standards.
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OSHA 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.
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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.
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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.
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OSHA Taking Its Time to Issue COVID-19 Emergency Temporary Standard
By Courtney M. Malveaux on
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.
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Inspector General Office Report Criticizes OSHA COVID-19 Enforcement, Pushes for COVID-19 Standard
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.
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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…
New Year, New OSHA Citation Penalty Amounts
By Raymond Perez, II on
Posted in OSHA Enforcement
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…
What to Expect from OSHA Under the Biden Administration
By Courtney M. Malveaux on
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…