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 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
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
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
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
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
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
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 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
With the presidential election just a few days away, there is a lot of uncertainty on the future direction of OSHA. If President Obama wins a second term, employers should expect to see a more active OSHA from the regulatory perspective, as many rules that could impact the employers are poised to be published in … Continue Reading
The Rhode Island Department of Health is now requiring seasonal flu vaccines for all health care workers, including volunteers, who have direct contact with patients. Click here to read the full article.… Continue Reading
With the election right around the corner, many employers are starting to speculate about what OSHA initiatives might be coming down the pike in 2013. Click here for an interesting article examining possible initiatives for 2013 for the construction industry.… Continue Reading
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
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 has published its long awaited update to its Hazard Communication standard to align the standard with the Globally Harmonized System of Classification and Labeling of Chemicals. Click here to go to OSHA’s webpage on the topic, which includes links to the final rule and other guidance material. We will be providing additional information on … Continue Reading
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
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
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
OSHA has proposed changing the industries that would be generally exempt from maintaining regular workplace injury and illness records. Employers in exempt industries are not required to maintain OSHA 300 Logs, complete OSHA 301 incident report forms, or complete the OSHA 300A annual summary forms. OSHA’s proposed rule also would require employers to report workplace amputations … Continue Reading
OSHA has launched a survey of safety and health practices of private sector employers "as a tool toward better designing future rules, compliance assistance and outreach efforts." OSHA is surveying as many as 19,000 employers nationwide of all sizes and in all industries. Recipients of the survey can complete it either in hard copy form or electronically. It … Continue Reading
The Office of Management and Budget (OMB) has announced that it is extending its review period for OSHA’s proposed crystalline silica rule. The proposal was received by OMB on February 14, 2011. This extension follows the recent pattern of OMB taking longer than the standard 90 days to review OSHA rules under Executive Order 12866. Notably, last … Continue Reading
California employers must now conduct an assessment of their workplaces for hazards that may require the use of certain personal protective equipment (PPE) and train employees in the use, care, and limitations of required PPE. The PPE included in the scope of the new rules are eye and face protection, foot protection, head protection, and hand … Continue Reading
