Jackson Kelly PLLC

Workplace Safety and Health News Alert

Wrongful death lawsuit against Walmart highlights importance of employers staying abreast of and implementing the latest CDC and OSHA guidance.

In what has already become a minefield of potential employer liability related to the COVID-19 pandemic, the nation’s largest employer - Walmart - is facing a wrongful death suit following the death of one of its Chicago-area employees after the employee allegedly passed away from COVID-19 health complications. As with the virus itself, questions abound about the extent of employer liability for…

OSHA Issues Enforcement Guidance for COVID-19

OSHA issued a COVID-19 Interim Enforcement Response Plan to its area offices, state plan designees, and compliance safety and health officers instructing on the prioritization and response to workplace complaints related to COVID-19. Employers will find this latest guidance of interest in responding to and protecting employees from COVID-19 related health and safety concerns.

MSHA Quarterly Call April 2020

On April 16, 2020, MSHA held its (rescheduled) quarterly stakeholder call to address regulatory and enforcement updates across the industry. As with most other recent updates from government agencies, the MSHA call was dominated by conversations surrounding the agency’s response to and regulatory actions regarding the novel coronavirus or COVID-19. However, there were substantive updates on…

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…

West Virginia Suspends Regulations Related to Pre-Employment and Random Breath Tests

On Tuesday, April 7, 2020, the West Virginia Office of Miners’ Health, Safety and Training (the “WVOMHST”) issued a letter to the Secretary of State of West Virginia, Mac Warner, informing him that the WVOMHST will be suspending the requirements related to preemployment and random breath tests for alcohol as a result of the COVID-19 Pandemic.

Governor Jim Justice declared a statewide State of…

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…

Mining Industry Deemed Essential Critical Workforce

On Sunday March 29, 2020 the Department of Homeland Security (“DHS”) issued guidance on which workers that the Department considers part of the “Essential Critical Workforce” during the coronavirus. This list includes eighteen different areas of the workforce that the Department considers critical. These areas include:

  • Healthcare
  • Public Safety and First Responders
  • Food and Agriculture
  • Energy
  • Water and…

Coronavirus/COVID-19 and Workplace Safety

Jackson Kelly remains committed to helping employers navigate this ever-evolving outbreak. This includes guidance for your business operations, as well as looking out for the well-being of your employees.

These posts provide valuable information to help your business work through the pandemic.

COVID-19 and Workplaces

While our earlier post concerned what employers can do to promote a healthy and…

Best Management Practices and COVID-19 Resources for Mine Operators

As local, state, federal, and global agencies scramble to keep up with the constantly developing information regarding exposure to, and protection from, COVID-19, there are steps that mine operators can take to best protect their personnel and operations, as well as the public at large. Some of these steps are mandated by regulation while others are guidance issued by medical authorities or other…

COVID-19 and Workplaces

“An ounce of prevention is worth a pound of cure.” While our earlier post concerned what employers can do to promote a healthy and sanitary workplace to help fight the spread of the novel coronavirus (“COVID-19”), this post will discuss what an employer can do when one of its workers shows up to work displaying symptoms of COVID-19. With its high infectivity rate, this is becoming a more and more…


For clients and friends of Jackson Kelly PLLC
Volume 16, Number 4
©2019 Jackson Kelly PLLC

The Mine Safety and Health Administration (“MSHA”) is expected to issue extensions to complete annual refresher training.  While we await formal guidance, it is expected that 30-day extensions will be granted for mine operators to meet the annual refresher training expiration dates.…


For clients and friends of Jackson Kelly PLLC
Volume 16, Number 3
©2020 Jackson Kelly PLLC

The novel coronavirus, frequently referred to as “COVID-19,” has been declared a pandemic by the World Health Organization (“WHO”).  The U.S. Centers for Disease Control and Prevention (“CDC”) has issued and continues to update its guidance on means and methods that the public should be employing…


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