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):
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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.
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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.
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OSHA issues ANPRM on Heat Injury and Illness Prevention
On October 27, 2021, OSHA issued an Advance Notice of Proposed Rulemaking (ANPRM) on Heat Injury & Illness Prevention in Outdoor and Indoor Work Settings. 86 Fed. Reg. 59309 (Oct. 27, 2021). As announced in the ANPRM, OSHA is seeking information about the extent and nature of hazardous heat in the workplace and the nature and effectiveness of interventions and controls used to prevent heat-related injury and illness. Comments on the Proposed Rule must be submitted by December 27, 2021.
Because outdoor and indoor work settings that lack adequate climate-controlled environments pose a risk of hazardous heat exposure for workers, the proposed rule applies to both indoor and outdoor work environments.
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Doug Parker Receives Senate Confirmation as the New Head of OSHA
On October 25, 2021 the US Senate confirmed President Biden’s nominee Doug Parker to be the next Assistant Secretary of Labor and leader of the Occupational Safety and Health Administration (OSHA). Mr. Parker will be the first Senate-confirmed leader for OSHA in over four years, as the Trump Administration never pursued a permanent head of
OSHA Seeks Public Feedback on the Whistleblower Protection Program
On October 13, 2021, from 2:00 – 5:00 p.m. Eastern Time, the Occupational Safety and Health Administration (OSHA) will hold a virtual meeting (via telephone and Microsoft Teams) to receive public comments and suggestions regarding OSHA’s Whistleblower Protection Program.
Notably, the public meeting comes six weeks after OSHA announced a change in its interpretation of the whistleblower provision of the Occupational Safety and Health Act, encoded at 29 U.S.C. § 660(c)(1).
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