Workplace Safety and HealthBlog Posts
Additional Guidance for Cal OSHA’s COVID-19 Emergency Temporary StandardsIn November, California quietly approved the Division of Occupational Safety and Health’s (“Cal OSHA”) COVID-19 Emergency Temporary Standard (“ETS”). Almost immediately, Cal OSHA’s ETS caused significant confusion and challenges for employers, who were already struggling with countless federal, state, and local requirements pertaining to COVID-19. Cal OSHA’s ETS also appeared to create new and different notification...… Continue ReadingJanuary 22, 2021 |
New Year, New OSHA Citation Penalty AmountsAfter 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...… Continue ReadingJanuary 14, 2021 |
Virginia Passes Permanent Standard on COVID-19The 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 ReadingJanuary 14, 2021 |
Agricultural Employers Challenge Cal OSHA’s Emergency Temporary Standard on COVID-19 PreventionAt the end of 2020, California approved the Division of Occupational Safety & Health’s (“Cal OSHA”) COVID-19 Emergency Temporary Standard (“ETS”). Among the many requirements in the new ETS, Cal OSHA imposed a performance-based obligation on employers to establish and implement an effective COVID-19 Prevention Program, COVID-19 preventive measures (e.g., social distancing and mandatory use...… Continue ReadingJanuary 11, 2021 |
Reminder: OSHA 300A Data Due By March 2, 2021The Occupational Safety and Health Administration (“OSHA”) kicked off the new year with a friendly reminder that covered employers must electronically submit Form 300A data for calendar year 2020 between January 2, 2021 and March 2, 2021. A paper copy of the 300A form must also be posted in for each establishment from February 1...… Continue ReadingJanuary 11, 2021 |
What to Expect from OSHA Under the Biden AdministrationPresident-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 ReadingJanuary 4, 2021 |
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 ReadingDecember 22, 2020 |
New Virginia Executive Order Expands Face Covering Requirements, Restricts GatheringsVirginia 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 ReadingDecember 15, 2020 |
California Employers are now Grappling with Cal OSHA’s COVID-19 Emergency Temporary StandardShortly before Thanksgiving, California’s Department of Industrial Relations Occupational Safety & Health Standards Board (“Board”) adopted a general safety order that creates an emergency temporary standard specific to potential workplace COVID-19 exposures (“Rule”). The Rule was quietly approved by the Office of Administrative Law without detailed analysis on November 30th and went into effect upon...… Continue ReadingDecember 3, 2020 |
OSHA Issues COVID-19 Respiratory Protection Guidance for Long Term Care FacilitiesOSHA has issued guidance on personal protective equipment (“PPE”) and respiratory protection use in nursing home and long term care facilities (collectively “LTCFs”) to protect against COVID-19. In its recently issued guidance, OSHA sets forth additional detail about the strategies it believes LTCFs should consider when protecting employees from COVID-19. As a preliminary reminder, although...… Continue ReadingDecember 1, 2020 |