Tag archives: OSHA

OSHA Plans Big Changes to Process Safety Management Standard

By Kevin Mayer (US) and Kevin MacNeill on September 20, 2022 Posted in United States

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

US: OSHA Issues COVID-19 Workplace Safety Rule

By Rachel Kurth (US) on June 10, 2021 Posted in Coronavirus, North America, United States

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

US: Labor Department Sets Occupational Safety & Health Meeting

By Kevin Mayer (US) on June 4, 2021 Posted in Coronavirus, North America, United States

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

US: OSHA Notices HazCom Hearing

By Kevin Mayer (US) on May 20, 2021 Posted in General, North America, United States

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

New US federal OSHA pamphlet issued

By Kevin Mayer (US) on May 17, 2021 Posted in North America, United States

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

US: Mandatory COVID-19 vaccines and employer health and safety obligations

By Kevin Mayer (US) on April 29, 2021 Posted in Coronavirus, North America, United States

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

US: Why a Mandatory Vaccination Policy May Not Restore Business as Usual for Companies

By Josh Henderson (US) on April 23, 2021 Posted in Coronavirus, North America, United States

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

US: Occupational Safety and Health Administration proposal to update Hazard Communication Standard

By Kevin Mayer (US) on February 10, 2021 Posted in North America, United States

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

US: California employers must take measures to curb workplace spread of coronavirus under emergency CAL/OSHA rules

By Josh Henderson (US) and Jackie Karama (US) on November 22, 2020 Posted in Coronavirus, North America, United States

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

US: Virginia becomes first state to adopt COVID-19 Emergency Temporary Standard

By Kevin Mayer (US) and Jackie Karama (US) on August 12, 2020 Posted in Coronavirus, North America, United States

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

US: Return to work considerations for New York employers during COVID-19 pandemic

By Nandini Rao (US) and Rachel Kurth (US) on June 12, 2020 Posted in North America, United States

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

US: Return to work in an office environment: Employer considerations and best practices

By Barbara D'Aquila on May 19, 2020 Posted in Coronavirus, North America, United States

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

US: New key COVID-19 employment and labor issues

By Joseph Dole (US), Josh Henderson (US), Marjorie Glover (US) and Barbara D'Aquila on March 20, 2020 Posted in Coronavirus, North America, United States

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

US employment law considerations for COVID-19 coronavirus

By Joseph Dole (US), Marjorie Glover (US), Nandini Rao (US) and Andrew Yeh (US) on March 6, 2020 Posted in Coronavirus, North America, United States

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

Retaliation and whistleblower claims in healthcare expected to remain high

By Dennis Jackson (US) and Jamila Mensah (US) on May 18, 2016 Posted in United States, Whistleblowing

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