The Department of Labor (“DOL”) announced a notice of proposed rulemaking on August 29, 2023, concerning who employees can authorize to act as their representative during Occupational Safety and Health Administration (“OSHA”) workplace inspections. Continue Reading OSHA Announces Proposed Rulemaking Regarding Authorized Employee Representation During Inspections
On May 1, 2023, the Occupational Safety and Health Administration (OSHA) announced that it has begun a National Emphasis Program (NEP) to prevent and reduce fall-related injuries and fatalities for people working at heights in all industries. Continue Reading OSHA Announces National Emphasis Program to Prevent and Reduce Workplace Falls
Back in January, we posted about the Occupational Safety and Health Administration’s (“OSHA”) intention to convene a Small Business Advocacy Review Panel (“SBAR Panel”). This Panel would help decide whether OSHA should enact a Prevention of Workplace Violence in Healthcare and Social Assistance standard.Continue Reading OSHA Continues to Pursue Healthcare Workplace Violence Rule
New Occupational Safety and Health Administration (OSHA) enforcement guidance set to take effect on March 27, 2023, will expand OSHA’s authority to issue instance-by-instance, or “IBI,” citations. Since 1990, OSHA has issued such IBI citations only upon finding “egregious willful violations,” but the new guidance – set forth in OSHA’s January 26, 2023 memorandum – permits OSHA to issue IBI citations for certain “high-gravity” serious violations.Continue Reading New OSHA Enforcement Guidance to Expand Issuance of Instance-By-Instance Citations
The increase in the frequency of violent confrontations faced by healthcare workers in the workplace is prompting OSHA to pursue a standard for Prevention of Workplace Violence in the Healthcare and Social Assistance industries. Healthcare workers have faced a significant increase (63% from 2011-2018) in the incidence of violent and aggressive acts in the workplace, according to the Bureau of Labor Statistics and the Association of American Medical Colleges. According to OSHA, “nonfatal workplace violence is more widespread in the Healthcare and Social Assistance Standard than in any other industry.”Continue Reading OSHA Pursues Potential Standard for Prevention of Workplace Violence in Healthcare and Social Assistance and Unions Urge Enhancements to Final COVID-19 Safety Standard for Healthcare Workplace
In January 2022, a worker in a Massachusetts cannabis cultivation facility died because of “the hazards of ground cannabis dust,” according to a report issued by the Occupational Health and Safety Administration (OSHA). The OSHA accident investigation report states “Filling pre-rolls She said she couldn’t breathe. Not being able to breathe Marijuana kief (dust) At
On May 3, 2022, OSHA held a stakeholder meeting regarding the development of a nationwide occupational heat standard to prevent heat injuries and illness. The meeting featured opening remarks by Assistant Secretary of Labor, Doug Parker, Secretary of Labor, Marty Walsh, and Deputy Assistant Secretary of Labor, Jim Frederick.
Continue Reading OSHA Hosts Stakeholder Meeting on Heat-Related Hazards
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
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.
Continue Reading Healthcare Industry: OSHA Re-opens Comment Period and Schedules Public Hearing on ETS – Occupational Exposure to COVID-19
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.
Continue Reading OSHA Issues COVID-19 Vaccine Mandate for Employers of 100 or More Employees