The U.S. Department of Labor’s Occupational Safety and Health Administration is contemplating several, and extensive, changes to its existing Process Safety Management (PSM) standard, and will be seeking public comments. Broadly speaking, the PSM standard requires employers to implement safety programs that identify, evaluate and control highly hazardous chemicals. Contemplated changes to the current PSM … Continue reading
On June 10, 2021, the Occupational Safety and Health Administration (OSHA) issued a mandatory workplace safety rule requiring employers to take specified steps to protect workers from COVID-19. However, the rule applies only to health care settings. Referred to as an emergency temporary standard (ETS), the rule exempts fully vaccinated workers from masking, distancing, and … Continue reading
The National Advisory Committee on Occupational Safety and Health will conduct a virtual meeting on June 22, 2021, to address current workplace issues and its prior work. The details are set forth in today’s U.S. Department of Labor announcement. The DOL and federal OSHA have been shifting priorities since the initiation of the Biden Administration, … Continue reading
We reported previously on federal OSHA’s efforts to revise and update various provisions of the Hazard Communication Standard in order to pursue greater workplace safety. On May 20, 2021, OSHA announced an informal public hearing commencing on September 21, 2021 for the purpose of entertaining stakeholder comments and recommendations. For more information, please see this … Continue reading
A new federal OSHA pamphlet has been issued. The OSHA pamphlet, “PPE for Emergency Response and Recovery Workers,” provides guidance to employers on the proper selection and use of and training concerning personal protective equipment in responding to emergencies and other incidents requiring it. Among other advice, OSHA reminds employers of the four levels (A … Continue reading
Federal OSHA has recently released guidance advising on employer health and safety obligations when employers require employees to receive the COVID-19 vaccination as a condition of employment. Specifically, OSHA addresses the potential (albeit rare to date) of an employee who incurs an adverse reaction to a mandated vaccination. In such a situation, the reaction will … Continue reading
Throughout the United States, employers are weighing whether to have a mandatory vaccination policy for COVID-19. The objective is to bring employees back to work safely and the understandable desire to return to our pre-pandemic status quo. This post does not advocate in favor or against a mandatory vaccination policy—except to note there may be … Continue reading
On February 5, 2021, federal OSHA issued a proposed rule to update the US Department of Labor’s Hazard Communication Standard (HCS or HazCom) to align with the seventh revision of the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS). In support of its proposed rule, OSHA asserts the update will increase … Continue reading
The California Occupational Safety and Health Standards Board has approved emergency, temporary COVID-19 regulations under California’s Occupational Safety & Health Act. California employers must now establish specific measures to curb the spread of COVID-19 in nearly every workplace in California. The emergency regulations, which the Standards Board approved on Thursday night by a unanimous vote, … Continue reading
On July 27, 2020, the first state “Emergency Temporary Standard” (ETS) for COVID-19 went into effect. The ETS requires employers in the state to develop and implement COVID-19 prevention and control measures in the workplace. The ETS is in effect for six months, although this period could be shortened if the Virginia State of Emergency … Continue reading
Businesses with operations in New York State and, particularly, in New York City, face unique obstacles with respect to reopening their businesses during the COVID-19 pandemic. With over 380,000 confirmed cases across the state, and over 200,000 confirmed cases in New York City, most New York residents have been affected by the virus in some … Continue reading
Many businesses quickly shifted to remote work, where possible, and abandoned operations in an office setting when COVID-19 became a pandemic or when jurisdictions required or encouraged people to stay at home. Now, as these businesses contemplate resuming operations in the general office setting, they are grappling with a myriad of issues and concerns. See … Continue reading
COVID-19, the 2019 novel coronavirus (“COVID-19” or the “coronavirus”) continues to stress US employers attempting to prevent the disease from spreading in their workplaces while continuing to operate effectively. With each passing day, health authorities provide more information about the spread of the disease and federal, state and local governments impose additional restrictions that impact … Continue reading
COVID-19, the 2019 novel coronavirus (“COVID-19” or the “coronavirus”) is naturally on the minds of US employers as the number of cases in the US continues to rise. Although the Centers for Disease Control is still advising that most people in the US have a low immediate risk of exposure, that could change and employers … Continue reading
The number of retaliation and whistleblower claims in the US continue to rise. According to data released by the Equal Employment Opportunity Commission (EEOC), retaliation claims made up 44.5 percent of all charges filed in 2015. Also, the Occupational Safety and Health Administration (OSHA) reported a 6 percent increase in the number of whistleblower cases … Continue reading