Jackson Kelly PLLC

Workplace Safety and Health News Alert

OSHA Compliance

OSHA Acknowledges Updated CDC Mask Guidance But Updated Regulation Reflecting the Change Will Have To Wait

On May 17, 2021, the Occupational Safety and Health Administration (“OSHA”) updated its COVID response webpage in reaction to guidance from the Centers for Disease Control and Prevention (“CDC”) issued on May 13, 2021. The CDC guidance states that individuals who have received a full vaccination regiment against the novel coronavirus that causes COVID-19 do not have to wear masks in most settings…

COLORADO PASSES LEGISLATION TO PROTECT EMPLOYEES WHO RAISE CONCERNS ABOUT A PUBLIC HEALTH EMERGENCY

New protections for employees concerned about workplace safety during a public health emergency are now in effect in Colorado. House Bill (“HB”) 20-1415 seeks to protect employees and some independent contractors from retaliation or discrimination if they raise safety or health concerns about a public health emergency (“PHE”) to their employer. The law became effective upon Governor Jared Polis’…

APPEALS COURT AFFIRMS OSHA'S DECISION TO NOT ISSUE COVID-19 EMERGENCY TEMPORARY STANDARD

On Thursday, June 11, 2020, the D.C. Circuit Court of Appeals rejected a request by the American Federation of Labor and Congress of Industrial Organizations (“AFL-CIO”) to force the Occupational Safety and Health Administration (“OSHA”) to issue an “Emergency Temporary Standard” (“ETS”) in response to workplace safety concerns arising from the novel Coronavirus and COVID-19.

In March, the AFL-CIO…

OSHA Issues COVID-19 Guidance for the Construction Industry

As part of its on-going program to provide guidance to various industries that are continuing to work through the Coronavirus pandemic, OSHA this week established a single-source webpage with coronavirus-related guidance for the construction industry. The guidance includes recommended actions for both employers and employees to reduce the risk of exposure to coronavirus at the jobsite.  

Throughout…

OSHA Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)

On Tuesday May 19, 2020, the Occupational Safety and Health Administration (OSHA) issued new enforcement guidance for areas of the country that have seen low or falling incidents of community spread of COVID-19. This guidance replaces the guidance OSHA issued in April which relaxed enforcement for certain kinds of reporting. Critically, this new guidance instructs inspectors to follow normal…

COVID-19 Hotspots in Industrial Settings and Employer Liability

Localized outbreaks of COVID-19 have plagued large industrial employers. A special focus has been placed on meat processing facilities, as plants across the country have become hotspots due to close quarters working conditions and allegations of insufficient responses by management in excluding ill workers and providing well workers with appropriate personal protective equipment (“PPE”). These…

Reopening Your Workplace - What OSHA and the CDC Recommends

States are beginning to plan ways to safely reopen their economies, and with that, businesses that closed due to the COVID-19 pandemic should plan how to reopen as well.  The Occupational Safety and Health Administration (“OSHA”) and Centers for Disease Control (“CDC”) have issued guidance and recommendations that should assist businesses in reopening.

OSHA’s Guidance

OSHA has issued guidance for…

Reminder to All Employers

COVID-19 impacts business operations in ways that change daily: unemployment compensation, sick leave, and employee retention are a few of the areas receiving regular updates. 

Employers must also remember their obligations to employees who raise safety concerns, especially relating to the COVID-19 threat to health and safety. Employee safety initiatives have been focused on identifying and…

OSHA Updates Industry Guidance and Enforcement Discretion Regarding N95 Mask Use

On April 3, 2020, OSHA issued updated guidance on the use of N95 masks as a result of shortages of these masks for Health Care Providers and other industry across the country. This guidance is meant as a supplement to N95 fit test guidance issued on March 14, 2020. The updated guidance provides overarching guidance for all industries that commonly use N95 masks as well as specified guidance for…

COMPLYING WITH OSHA AND COVID-19

For clients and friends of Jackson Kelly PLLC
Volume 16, Number 2
©2020 Jackson Kelly PLLC

 

On March 11, 2020, the World Health Organization declared the novel coronavirus (“COVID-19”) had become a pandemic. Then, on March 13, 2020, President Trump declared a national emergency to help mobilize the response and streamline funding to assist in fighting the disease. To date, the…

OSHA SPRING 2019 SEMI-ANNUAL REGULATORY AGENDA

For clients and friends of Jackson Kelly PLLC
Volume 15, Number 2
©2019 Jackson Kelly PLLC

The Office of Information and Regulatory Affairs released its Spring 2019 semi-annual regulatory agenda for the Occupational Safety and Health Administration (“OSHA”) on May 22, 2019.  

Included in the agenda is the issuance of OSHA’s final rule in the Standards Improvement Project IV revising 14…

OSHA ISSUES CLARIFICATION MEMORANDUM REGARDING WORKPLACE SAFETY INCENTIVE PROGRAMS AND POST INCIDENT DRUG TESTING

For clients and friends of Jackson Kelly PLLC
Volume 14, Number 14
©2018 Jackson Kelly PLLC

In May 2016, the Occupational Safety and Health Administration (“OSHA”) published a rule that amended 29 C.F.R. § 1904.35 and added a provision prohibiting employers from retaliating against employers for reporting work-related injuries or illnesses.  See 29 C.F.R. § 1904.35(b)(1)(iv).  In the…

 

© 2021 Jackson Kelly PLLC. All Rights Reserved.