On April 4, 2022, MSHA began a new enhanced enforcement program. Due to the number of fatalities around the country, all citations written under the following standards will be considered and reviewed for a special assessment (increased penalty):
OSHA Enforcement Update: New OSHA Internal Memorandum Provides Enforcement Guidance on Electronic Submission of Injury and Illness Records
On Monday, April 4, 2022, OSHA released a new memorandum to regional administrators regarding enforcement of OSHA’s rule requiring electronic submittal of injury and illness records.
Each week, the agency will be running a computer program to identify employers who might not be complying. While OSHA originally predicted almost half a million employers would need
Senate Confirms Christopher Williamson to Lead MSHA
MSHA finally has a new leader. On March 29, 2022, the U.S. Senate confirmed by voice vote Christopher Williamson (Williamson) as Assistant Secretary for the Mine Safety and Health Administration (MSHA) at the Department of Labor. Williamson most recently has held the position of Senior Counsel to Chairman Lauren McFerran of the National Labor Relations
Healthcare Industry: OSHA Re-opens Comment Period and Schedules Public Hearing on ETS – Occupational Exposure to COVID-19
On March 23, 2022, the Occupational Safety and Health Administration (OSHA) published a notice in the federal register announcing a limited re-opening of the comment period regarding OSHA’s final standard to protect healthcare and healthcare support service workers from occupational exposure to COVID-19. The comment period will end on April 22, 2022, and the virtual public hearing will be held on April 27, 2022. The Emergency Temporary Standard (ETS) for Occupational Exposure to COVID-19 for healthcare and healthcare support service workers (OSHA Healthcare ETS) was originally published on June 21, 2021. OSHA has re-opened the comment period to allow stakeholders to address changes the agency is considering that depart from the June 2021 version of the OSHA Healthcare ETS.
MSHA Announces New Public Education Campaign
MSHA has announced a new campaign focusing on mine operators’ obligations to ensure that miners are fully trained and able to take time to follow best safety practices. To that end, MSHA is providing resources on powered haulage, rib and roof falls, fire suppression, and lockout/tagout. Mines should expect increased enforcement around training about these
President Biden Nominates New Assistant Secretary at MSHA
President Biden has nominated Christopher Williamson for the position of Assistant Secretary for Mine Safety and Health. The White House statement on the nominee states Mr. Williamson is a “native of the coalfields of southern West Virginia,” though he has no known mining experience.
Mr. Williamson graduated from law school approximately 11 years ago and
OSHA Issues COVID-19 Vaccine Mandate for Employers of 100 or More Employees
On Thursday, November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees. The ETS requires employers to adopt a soft vaccine mandate obligating employees to either get vaccinated or to undergo regular COVID-19 testing and to wear a face covering at work. OSHA expressly states that the ETS pre-empts all state or local laws that are contrary to the ETS requirements. The ETS will be effective on the date of publication in the Federal Register (November 5, 2021). However, employees who work for covered employers will have until January 4, 2022 to get vaccinated or otherwise comply with the testing/masking requirements.
Delta Variant: New OSHA Guidance to Mitigate Spread of COVID-19 in the Workplace
On August 13, 2021, the Occupational Safety and Health Administration (OSHA) published updated guidance for the mitigation and spread of COVID-19 in the workplace. This guidance is for workers not covered by OSHA’s COVID-19 Emergency Temporary Standard for Healthcare. The guidance adopts recommendations analogous with CDC guidance in response to the spread of the Delta
OSHA Issues Federal COVID-19 Emergency Temporary Standard
On June 9, 2021, the Occupational Safety and Health Administration (OSHA) released its long anticipated interim final rule and request for comments for the Occupational Exposure to COVID-19; Emergency Temporary Standard (ETS). OSHA released the ETS one day after the approval of the standard was received from the Office of Information and Regulatory Affairs, Office of Management and Budget. The ETS is limited to covered healthcare employers and excludes from coverage of the standard certain healthcare workplaces that have a fully vaccinated workforce and that exclude individuals with possible COVID-19 infections. The rule becomes effective on the date of publication in the Federal Register with deadlines for compliance that vary by section of the ETS. Written comments regarding whether the ETS should become a final rule must be submitted within 30 days of the publication date in the Federal Register. A brief overview of the ETS’s requirements are provided below.
What Does the New CDC Guidance Regarding Masks Mean for Employers?
On May 13, 2021, the Centers for Disease Control and Prevention (CDC) issued new guidance withdrawing the mask and physical distancing requirements for fully vaccinated individuals. The new CDC guidance raises issues for employers with respect to the requirements under existing state emergency temporary standards (ETS), state regulations and orders, and the employer’s ability to mandate the use of masks by employees or customers and to request proof of vaccination. We anticipate that various federal agencies will issue more guidance soon. In the meantime, to help employers to think through the answers to these questions, we provide the following information.