While federal OSHA has not implemented new regulations for COVID-19, the push by some individual states to do so continues. Most recently, California passed a law that sets up new COVID-19 requirements for employers in the state, especially around providing notices and reports of workplaces exposures.
Continue Reading California to expand Cal/OSHA authority on COVID-19 starting January 2021
Coal mine operators could face a dilemma with the annual proficiency and training requirements of the Mine Improvement and New Emergency Response Act (Miner Act) and the regulations Subpart Mine Rescue Teams for Underground Coal Mines conflicting with COVID-19 risk mitigation efforts.
Continue Reading Benefits of annual mine rescue contests and training in face of COVID-19
COVID-19 has not derailed the “One MSHA Initiative,” MSHA’s effort to blur the “distinction between coal and metal/non-metal enforcement for more efficient use of resources.” That’s not a surprise, given the commitment of MSHA’s leadership to the Initiative and the fact that it started back in 2018.
Continue Reading MSHA Blurring the Lines: Getting a clearer picture of how it really looks and works
by Emily Lyons
Last week, the U.S. Food and Drug Administration (FDA) and Occupational Safety and Health Administration (OSHA) issued a checklist to assist human and animal food operations during the COVID-19 public health emergency. The checklist is useful for firms growing, harvesting, packing, manufacturing, processing, or holding human and animal food regulated by FDA
by Sydney Buckley
With scientists worldwide racing to develop a COVID-19 vaccine, many employers are asking if they can require employees to be vaccinated. As with everything COVID-19, there are many open questions, but here are some of the major legal issues in considering mandatory vaccination policies.
Today, Virginia’s new and detailed COVID-19 regulation takes effect. The rule, an “emergency temporary standard” (ETS), was adopted July 15th by the Virginia Department of Labor and Industry (DOLI). Unlike general guidance and recommendations issued by CDC and federal OSHA, the Virginia rule requires all employers regulated by DOLI to develop, implement, and enforce COVID-19 prevention and mitigation measures. Read on for a detailed summary of the rule’s requirements.
Continue Reading Detailed Virginia COVID regulation takes effect today for Virginia employers
Our popular ACRI course for mine supervisors, executives, and managers to learn how to minimize MSHA liability is going virtual! Next month, Husch Blackwell is partnering once again with Predictive Compliance and Catamount Consulting to offer a two-day, intensive, live online course titled Alternative Case Resolution Initiative: Defending and Winning MSHA Litigation.
Continue Reading Register now for virtual 2-day ACRI course on Defending and Winning MSHA Litigation!
Though the mining industry uses about 90% of explosives in the United States, neither ATF’s regulations nor its personnel generally come from mining. Nonetheless, ATF and the mining industry generally have worked together well as partners. Issues do sometimes arise, however, such as recent ATF actions on underground explosives storage magazines.
Continue Reading Navigating with ATF on underground explosives storage magazines
The US Court of Appeals for the DC Circuit is currently considering a request by mine worker unions to require MSHA to create an emergency COVID-19 regulation. The parties have all finished submitting their briefs and now await a ruling. Husch Blackwell’s mine safety and health team represented national industry associations in filing an amicus (“friend-of-the-court”) brief to describe industry protections against the virus.
Continue Reading As unions seek COVID-19 regulation, mining industry brief explains extensive efforts to protect workers
After a three-judge panel of the US Court of Appeals for the DC Circuit rejected an AFL-CIO request for an order requiring an emergency OSHA COVID-19 regulation, the union has petitioned for re-hearing by the entire Court. The rehearing request is pending.
Continue Reading After DC Circuit rejects union petition for emergency OSHA rule on COVID-19, union seeks re-hearing