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House Members Promoting Legislation to Compel MSHA to Issue Emergency Temporary Standard for Pandemic Safety

The Mine Safety and Health Administration (“MSHA”) has declined to issue an Emergency Temporary Standard (“ETS”) to address pandemic safety for miners. MSHA determined that issuance of an ETS was unnecessary for COVID-19 because MSHA’s existing health and safety standards allow MSHA to require mine operators to take action to abate COVID-19 health hazards in...… Continue Reading
July 28, 2020

OSHA Publishes, Then Withdraws, A Broad Position on Reporting COVID-19 Hospitalizations and Fatalities

OSHA quietly updated its COVID-19 FAQs in mid-July to add guidance that took an extremely broad (and arguably unenforceable) interpretation of an employer’s responsibility to report COVID-19 hospitalizations and fatalities.  Just as quietly, over the last weekend in July, it removed the updated Reporting FAQs.   Now employers are left to speculate whether the guidance is...… Continue Reading
July 27, 2020

OSHA Finalizes Standard on Beryllium

With everyone focusing on the coronavirus (“COVID-19”) pandemic, the Occupational Safety and Health Administration (“OSHA”) has quietly moved forward with issuing a final rule on occupational exposures to beryllium and beryllium compounds (collectively “beryllium”). Having begun rulemaking in January 2017, the agency’s proposed beryllium standard has been in flux for some time, as well as...… Continue Reading
July 27, 2020

Mine Safety and Health Administration tells Federal Court that it is Issuing Citations for COVID-19 Health and Safety Violations

Co-Authored by Brian Lundgren As the COVID-19 pandemic continues, the battle over when or if employers should be liable for personal injuries arising from coronavirus exposure allegedly caused during employment lurks on the horizon. The United States Court of Appeals for the D.C. Circuit recently rejected a union’s request for the Court to compel the...… Continue Reading
July 24, 2020

Greater Enforcement Coming? OSHA Issues Citations for Respirator Program Violations after Employees Were Hospitalized with COVID-19

In a new effort to use existing regulations to respond to the ongoing public health emergency, OSHA cited an Ohio healthcare company for alleged serious violations of OSHA’s respirator regulations. OSHA launched an investigation at three of the employer’s healthcare facilities after seven employees were hospitalized with COVID-19. Even though the employer provided the necessary...… Continue Reading
July 23, 2020

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
July 17, 2020

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
July 15, 2020

OSHA Enforcement Delays Can Get Citations Dismissed in Virginia

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,...… Continue Reading
July 15, 2020

OSHA Reminds Employers of Duty to Protect Employees from Heat Exposure

The arrival of the hot summer season brings the risks and dangers of heat exposure for many employees throughout the United States. The Occupational Safety and Health Administration (OSHA) has issued a reminder to employers of their duty to protect employees, along with some guidance on ways to recognize and mitigate the risks of heat...… Continue Reading
July 6, 2020

Cal OSHA Issues New Workplace Safety Standards for Agricultural Workers

California has adopted the first nighttime work safety standards in the nation which apply to agricultural workers who harvest, operate vehicles, and other tasks between sunset and sunrise. To read the full article and find out more click here.… Continue Reading
June 29, 2020

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