Workplace Safety and Health News AlertOSHA Survives Constitutional Challenge to Its AuthoritySeptember 8, 2023 On August 23, 2023, a divided Sixth Circuit concluded that Congress’s delegation of authority to the Occupational Safety and Health Administration (“OSHA”) to set workplace-safety standards was constitutional and not violative of the nondelegation doctrine. In Allstates Refractory Contractors, LLC v. Su, the court reasoned that Congress’s delegation provided an “intelligible principle” that… MSHA’s Proposed Rule to Heighten Standards Relating to Respirable Crystalline SilicaJuly 5, 2023 On June 30, 2023, the Mine Safety and Health Administration (“MSHA”) made publicly available a proposed rule that would amend existing federal standards with respect to occupational exposure to respirable crystalline silica, or silica dust. The stated purpose of the proposed rule is to better protect miners against occupational exposure to silica dust and improve respiratory protection for all… Changes Made to Deliberate Intent Law in West VirginiaJune 20, 2023 During the 2023 regular session, the West Virginia Legislature passed House Bill 3270 amending the state’s deliberate intent law. HB 3270 became law without the Governor’s signature and will apply to injuries occurring on or after July 1, 2023. HB 3270 made two changes. First, a requirement was added to § 23-4-2(d)(2)(B)(v)(IV) that when an employee asserts deliberate intent with respect to… MSHA Implements New “Enhanced Enforcement Program” for Truck Drivers and SupervisorsAugust 11, 2022 In an effort to reduce accidents and fatalities within the mining industry, the Mine Safety and Health Administration (MSHA) recently implemented an “Enhanced Enforcement Program” aimed at truck drivers and supervisors.[1] The program will be part of regular surface and underground mine inspections, with the added potential for special assessments for cited violations listed within the program.… MSHA Launches New Safety Initiative Targeting Respirable SilicaAugust 10, 2022 On June 8, 2022, the Mine Safety and Health Administration (MSHA) launched the “Silica Enforcement Initiative” to better protect miners from health hazards related to repeated over-exposure to respirable crystalline silica (silica dust).[1] The new program focuses on four areas for improvement: mine inspections, silica sampling, compliance assistance for mines, and the reinforcement of on-site… Sixth Circuit Affirms Commission’s Finding of Advance Notice of MSHA Inspection Given by Mine Operator in 2012May 17, 2022 On May 11, 2022, the Sixth Circuit Court of Appeals affirmed a decision by the Federal Mine Safety Health & Review Commission (“Commission”) that a mine operator provided advanced notice of an MSHA inspection during events that occurred in April 2012. KenAmerica Resources, Inc. v. Sec’y of Labor, 2022 WL 1483988 (May 11, 2022). Factually, the case involved a situation where MSHA received an… Proposed OSHA Rulemaking Requires Case-Specific Public Reporting of Injury and Illness DataApril 15, 2022 Employers subject to the Occupational Safety and Health Administration (“OSHA”) reporting requirements may soon see their injury and illness data publicly available on the internet. On March 30, 2022, the Federal Register published OSHA’s proposed rule to amend its occupational injury and illness recordkeeping regulations. Comments are requested before May 31, 2022. Current Requirements 29 C.F.R.… OSHA's COVID-19 Vaccine ETS Enforcement UpdateDecember 3, 2021 On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) requiring all private sector employers subject to OSHA jurisdiction with more than 100 employees and all state and local governments in states with OSHA approved State Plans, to require all employees to show proof of COVID vaccination or begin to submit to weekly COVID… Long Anticipated OSHA Vaccine Requirement Announced, Effective January 4, 2022November 4, 2021 On November 5, 2021, OSHA will publish a new emergency temporary standard (“ETS”) requiring all businesses with more than 100 employees who are not already subject to a vaccine mandate to either require that all employees be fully vaccinated against COVID-19 or implement a weekly COVID-19 testing requirement for any employees who are not vaccinated. Who is impacted by the ETS? The federal… MSHA Proposes New Rule for Mobile Equipment Safety PlansSeptember 10, 2021 On September 9, 2021, the Federal Mine Safety and Health Administration (“MSHA”) published a new proposed rule requiring mine operators to develop and implement written safety programs for their powered haulage equipment used at surface mines and surface areas of underground mines (“surface mobile equipment”). Who is impacted by the proposed rule? The newly proposed rule applies to both operators… OSHA Issues Long Delayed and Narrowly Tailored Emergency StandardJune 21, 2021 On Thursday June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an emergency temporary standard (“ETS”) contained in 29 C.F.R. Part 1910 Subpart U; however, it only applies to healthcare employers. At the same time that OSHA issued the ETS, OSHA also issued updated guidance to general industry on COVID-19 prevention for unvaccinated and at-risk employees. Background on… Updated Guidance for Employers Not Covered by OSHA's COVID-19 ETSJune 21, 2021 On May 16, 2021, the Centers for Disease Control and Prevention (“CDC”) issued updated guidance for masking noting that fully vaccinated individuals did not need to wear a mask in most settings. After the May 16, 2021 CDC guidance about de-masking, OSHA added the following statement to its COVID webpage on May 17, 2021: “OSHA is reviewing the recent CDC guidance and will update our materials on… |
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