On Tuesday, October 27, 2020, the U.S. Court of Appeals for the Tenth Circuit issued a long- awaited decision in Sec’y of Labor v. Wynnewood Refining Co., LLC. That case originated in 2012 when OSHA inspected the company following a boiler explosion that killed two employees. OSHA issued several repeat
Articles Discussing General Topics Under OSHA.
As if employers aren’t already tested managing the challenges of the pandemic, on September 30, OSHA updated its COVID-19 Frequently Asked Questions to remind employers about their duty to report and record COVID-19 related fatalities and hospitalizations. The reporting of […]
On September 30, 2020, the Occupational Safety and Health Administration (OSHA) released new Frequently Asked Questions (FAQs) regarding an employer’s obligation to report to OSHA cases of work-related COVID-19. The FAQs build upon previous OSHA guidance governing when and how to record and report confirmed positive cases of COVID-19
As the Occupational Safety and Health Administration (OSHA) enters its new fiscal year, an uptick of enforcement activity from OSHA related to the COVID-19 pandemic is expected.
Last week, the Occupational Safety and Health Review Commission (OSHRC), a 3-Commisioner panel appointed by the President and confirmed by the Senate which hears appeals of contested OSHA cases, issued two decisions vacating OSHA’s citations and one decision reclassifying a willful violation to a serious violation and reducing the penalty
The Occupational Safety and Health Administration (OSHA) issued guidance on its response plan on May 19, 2020, reinforcing its prioritization of COVID-19 cases, specifically targeting hospitals and other healthcare providers.
When Occupational Safety and Health Administration (OSHA) cites for a workplace injury, employers often claim employee misconduct as an affirmative defense. There are a few key points employers can keep in mind.
On Sept. 16, 2020, the Wall Street Journal reported that a “second wave of coronavirus infections” is “gather[ing] momentum across Europe,” but this time, “governments are determined to avoid large-scale lockdowns and instead seek less disruptive ways to live with the new disease.”
On August 10, 2020, the German Federal Ministry of Labor and Social Affairs (Bundesministerium für Arbeit und Soziales (BMAS)) published the SARS-CoV-2 Occupational Safety and Health Regulation (SARS-CoV-2 Arbeitsschutzregel). For the duration of the coronavirus pandemic, this regulation, which became effective on August 20, 2020, specifies the requirements for occupational
Nexsen Pruet’s employment team has a wealth of experience and is prepared to help your business navigate these unprecedented times. Click the video below to watch attorney William Floyd offer guidance for work place safety during the pandemic.
The U.S. Occupational Safety and Health Administration (OSHA) has withdrawn from its website—without public explanation—a controversial interpretation of its requirement to report in-patient hospitalizations of employees who contracted work-related cases of COVID-19.
The Mine Safety and Health Administration (“MSHA”) has declined to issue an Emergency Temporary Standard (“ETS”) to address pandemic safety for miners. MSHA determined that issuance of an ETS was unnecessary for COVID-19 because MSHA’s existing health and safety standards allow MSHA to require mine operators to take action to
OSHA quietly updated its COVID-19 FAQs in mid-July to add guidance that took an extremely broad (and arguably unenforceable) interpretation of an employer’s responsibility to report COVID-19 hospitalizations and fatalities. Just as quietly, over the last weekend in July, it removed the updated Reporting FAQs. Now employers are left to
With everyone focusing on the coronavirus (“COVID-19”) pandemic, the Occupational Safety and Health Administration (“OSHA”) has quietly moved forward with issuing a final rule on occupational exposures to beryllium and beryllium compounds (collectively “beryllium”). Having begun rulemaking in January 2017, the agency’s proposed beryllium standard has been in flux for
On July 15, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) published a new interpretation of the hospitalization reporting requirement of 29 C.F.R. § 1904.39(b)(6), one that states that employers “must report the hospitalization within 24 hours of knowing both that the employee has been hospitalized and