On September 8, 2021, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced its proposed powered haulage rule for surface mines and surface areas of underground mines. The proposed rule, which is open to public comment through November 8, 2021, will be set out at a new
Articles Discussing The Federal Occupational Safety And Health Act And Other Issues Relating To Workplace Safety And Health.
OSHA’s COVID-19 Emergency Temporary Standard to Expire December 2021
On August 31, 2021, the Occupational Safety and Health Administration (OSHA) tipped its hand that it will let the federal emergency temporary standard (ETS) expire in December 2021.
OSHA Updates Non-Healthcare Employer Guidance on COVID-19
The Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance for non-healthcare employers, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace, on August 13, 2021.
OSHA Updates COVID-19 Guidance
On August 13, 2021, OSHA updated its COVID-19 guidance applicable to employers not covered by its recent healthcare emergency temporary standard (ETS).
Recognizing the Signs of Ramped-Up MSHA Enforcement
One of the first things that comes to mind when a mine operator evaluates the ramifications of having received a citation is how much the resulting civil penalty might be. That is certainly a valid concern, but the penalty is only part of the story. The Mine Safety and Health
Lessons from Million Dollar OSHA Fine of Georgia Poultry Processor and Contractors
Earlier this year, six employees died during a tragic accident at a poultry processor in Georgia. A leak of liquid nitrogen within the plant caused the accident.
Where the Mining Industry Stands with MHSA—and What’s Ahead
It has been more than five months since President Biden took office, and while there is still a lot to learn about the prospective enforcement focus of the Mine Safety and Health Administration (MSHA), some priorities have become clearer.
Where the Mining Industry Stands with MSHA—and What’s Ahead
It has been more than five months since President Biden took office, and while there is still a lot to learn about the prospective enforcement focus of the Mine Safety and Health Administration (MSHA), some priorities have become clearer.
Tips for Continued Compliance with OSHA’s COVID-19 Guidelines
Jane Heidingsfelder, a partner in the Labor & Employment Practice Group, authored the article “Tips for Continued Compliance with OSHA’s COVID-19 Guidelines” published in the Louisiana Associated General Contractors’ summer magazine.
OSHA’s Heat Standard Likely to Affect Indoor Manufacturing Facilities
This past spring, the Occupational Safety and Health Administration (OSHA) announced its intention to implement a new heat illness standard that will apply to indoor environments. The agency said it has manufacturing facilities in mind, as the rule targets “indoor workers without climate-controlled environments.”
OSHA Standard Changes That Will Impact Construction
The U.S. Department of Labor’s (DOL) regulatory agenda for spring 2021 lists regulations the agency will focus on for the next six months, including 26 Occupational Safety and Health Administration (OSHA) regulations, six of which are in the final rule stage and the rest are in the proposed or pre-rule stage. Many
New Look at the Test for Discrimination Under the Mine Act
The Ninth Circuit Court of Appeals recently took a fresh look at the test for discrimination under Section 105(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), issuing a decision that could signal a major shift in the way Mine Safety and Health Administration (MSHA) discrimination cases are
The Ongoing Saga with OSHA’s Rulemaking on New and Altered Hazard Communication Requirements
As Occupational Safety and Health Administration (“OSHA”) evaluates amending the Hazard Communication Standard (“HCS”), 29 CFR 1910.1200, both industry and work safety groups continue to warn that the proposed changes go too far. Although couched as simple changes that will bring the standard in alignment with international standards for management
OSHA Issues Emergency Temporary Standard for Healthcare and Updates Guidance for All Industries
The long-awaited response from the Occupational Safety and Health Administration (OSHA) to COVID-19 is finally here! On June 10, 2021, OSHA issued an Emergency Temporary Standard (ETS) focusing on protecting healthcare workers from COVID-19, along with updated guidance for general industry to assist employers whose workers are not yet vaccinated. Both the ETS and the guidance follow the most recent guidelines from the Centers for Disease Control and Prevention, so none of these regulations should come as a surprise.
OSHA Issues Emergency Rule for Healthcare Employers and Updates Guidance for Other Employers
On January 21, 2021, one day after his inauguration, President Biden signed an executive order directing the Occupational Safety and Health Administration (OSHA) to consider issuing a broad emergency temporary standard (ETS) on COVID-19 in the workplace. But because COVID-19 cases have decreased significantly since January, on June 10, 2021, OSHA issued an ETS applicable to healthcare employers only. For other employers, like those in manufacturing, construction, and retail, the agency simply updated its existing voluntary guidance.
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