Tag Archives: OSHA Rulemaking

OSHA’s Heat Standard Likely to Affect Indoor Manufacturing Facilities

This past spring, the Occupational Safety and Health Administration (OSHA) announced its intention to implement a new heat illness standard that will apply to indoor environments. The agency said it has manufacturing facilities in mind, as the rule targets “indoor workers without climate-controlled environments.” To read this article in its entirety, please click here.… Continue Reading

OSHA Standard Changes That Will Impact Construction

The U.S. Department of Labor’s (DOL) regulatory agenda for spring 2021 lists regulations the agency will focus on for the next six months, including 26 Occupational Safety and Health Administration (OSHA) regulations, six of which are in the final rule stage and the rest are in the proposed or pre-rule stage. Many of them will directly affect … Continue Reading

OSHA Promulgates Emergency Temporary Standard for COVID-19 for Healthcare Employers

Fifteen months after the COVID-19 pandemic began, the Occupational Safety and Health Administration (OSHA) has promulgated an Emergency Temporary Standard (ETS) for healthcare employers. OSHA has published voluntary guidance for other industries. To read this article in full, please click here.… Continue Reading

What to Expect from OSHA Under the Biden Administration

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

Will Virginia’s COVID-19 Pandemic Standard Become Permanent?

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

The New Virginia Emergency Workplace Standard for COVID-19 Is Here

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

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

Final Rule Issued for OSHA Recordkeeping Requirements

In a press release issued September 11, 2014, OSHA announced the final rule for Occupational Injury and Illness Recording and Reporting Requirements.  For Federal Plan States, the regulation will come into effect on January 1, 2015; State Plan States will announce their dates independently but are encouraged to meet the same deadline.  This regulation brings … Continue Reading

OSHA’s Proposed Electronic Recordkeeping Rule

The Occupational Safety and Health Administration’s (“OSHA”) Notice of Proposed Rulemaking to “Improve Tracking of Workplace Injuries and Illnesses” was published in the Federal Register on November 8, 2013.  The proposed rule amends the recordkeeping regulations to add three new requirements for the electronic submission of injury and illness information to OSHA.  In addition, OSHA … Continue Reading

OSHA’S Silica Rulemaking: What Employers Need to Know

Silica (quartz) is one of the most common minerals on earth and contained in or critical to the production or manufacturing of an endless array of products and industries, like electronics, concrete, glass, brick, foundries, oil and gas, transportation and construction.  The Occupational Safety and Health Administration (OSHA) has proposed a rule that would cut … Continue Reading

OSHA in the Sky – FAA Policy on Application of OSHA Standards for Aircabin Crewmembers

Under the Federal Aviation Administration (“FAA”) Modernization and Reform Act of 2012, Congress gave the FAA six months to issue a policy statement outlining those instances where OSHA could exercise jurisdiction over the safety and health of flight attendants. PL 112-95, Feb. 14, 2012, 126 STAT. 135. On August 27, 2013, the FAA issued a … Continue Reading

OSHA’s Comprehensive Silica Proposed Rule Expected Soon

The Occupational Safety and Health Administration’s proposal to comprehensively regulate silica (quartz) in general industry, maritime, and construction is anticipated by Labor Day. Publication of the proposal to extensively regulate one of the most common minerals on Earth, like arsenic and lead, will trigger a public comment period and hearings.   The proposed rule, which … Continue Reading

Department of Health and Human Services Proposes to Increase Respirator Certification Fees

The Department of Health and Human Services (“HHS”) issued a proposed rule on respirator certification fees on March 27, 2013.  HHS proposed increasing the fees for respirator certifications issued by the National Institute for Occupational Safety and Health (“NIOSH”), and proposed creating a mechanism for routinely updating the fees in the future.  The proposed fee … Continue Reading

OSHA Issues Regulatory Agenda

OSHA recently issued its long-awaited regulatory agenda.  The agenda is designed to provide stakeholders with notice of what major regulatory initiatives the agency is planning and the projected timetables for those initiatives. OSHA’s agenda is the first issued in several months by the agency and provides a glimpse into the regulatory priorities – in President … Continue Reading

What Happened to Plan/Prevent/Protect?

It has been approximately two years since the Department of Labor announced its “Plan/Prevent/Protect” compliance strategy, with the basic goal to “ensure employers and other regulated entities are in full compliance with the law every day, not just when Department inspectors come calling.”  We thought that it would be interesting to take a quick look … Continue Reading

OSHA Finalizes Major Changes to its Hazard Communication Standard

In one of the most significant rulemaking efforts in over a decade, OSHA has finalized a rule revising its hazard communication standard to align it with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The rule will affect over 5 million business establishments across the country. Over 40 million employees will need … Continue Reading

OSHA Regulatory Update: IIPP Delayed but Hazard Communication Poised to be Published

Just weeks after announcing that it would be initiating the Small Business Regulatory Enforcement Fairness Act (SBREFA) process for its IIPP rule, the Agency recently announced that there would be an additional delay in starting the process.  IIPP has the potential to be the most significant OSHA rulemaking in over a decade, potentially requiring all employers to implement … Continue Reading

IIPP – Ready or Not Here it Comes!

OSHA is poised to release to the public its initial regulatory approach to its Injury and Illness Prevention Program (IIPP) rule. OSHA has announced that it will begin the Small Business Regulatory Enforcement and Fairness Act (SBREFA) process for its IIPP rule, at which time the Agency will likely make public a draft regulatory text and … Continue Reading

IIPP – What Should Employers Expect and When Should Employers Expect It?

OSHA’s Spring 2011 Regulatory Agenda reiterates OSHA’s earlier commitment to initiate the Small Business Regulatory Enforcement Fairness Act process for its Injury and Illness Prevention Program (IIPP) rule in June of this year.  Now midway through July, it is unclear when OSHA will release to the public its initial regulatory approach to the IIPP rule.  The Agency’s oft-stated … Continue Reading
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