Operators and miners often say that “MSHA never changes.”
Articles Discussing The Federal Occupational Safety And Health Act And Other Issues Relating To Workplace Safety And Health.
U.S. Supreme Court to Hear Oral Argument on OSHA ETS, Medicare/Medicaid Vaccination Mandates on Friday, January 7, 2022
On Friday, January 7, 2022, the U.S.
OSHA ETS ‘Vaccine or Test’ Mandate for Private Employers (100 or more employees) Is Back in Play
In a 2–1 decision, the US Sixth Circuit Court of Appeals dissolved the stay that had prevented implementation of the OSHA Emergency Temporary Standard (ETS) requiring COVID-19 vaccination or testing. Within hours of that decision, numerous emergency appeals were filed with the US Supreme Court asking that the stay be put back
Federal Appeals Court Reinstates OSHA’s COVID-19 Vaccine Mandate
The post Federal Appeals Court Reinstates OSHA’s COVID-19 Vaccine Mandate appeared first on Hirsch Roberts Weinstein LLP.
MSHA in Transition Mode as 2021 Nears Its End
Two words sum up where the Mine Safety and Health Administration (MSHA) is as 2021 comes to a close and mine operators prepare for 2022: transition period.
Infrastructure Investment and Jobs Act: Motor Carrier Safety Provisions’ Impact on Employers
The Motor Carrier Safety provisions in the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) will impose new obligations on employers and require new studies that, in turn, could lead to additional legislation.
Sixth Circuit Deals Blow to OSHA’s Proposed Expedited Briefing Schedule, Says it Will Keep ETS Case
In what is getting to be habit in the OSHA ETS litigation with courts issuing orders late Friday afternoons, the Sixth Circuit on December 3, 2021 tersely denied a petition to transfer the case back to the Fifth Circuit. In the same order, the Sixth Circuit also denied, without explanation,
5th Circuit Orders OSHA to Stand Down
In a 22-page order issued November 12, 2021, the Fifth Circuit reaffirmed its initial stay of OSHA’s vaccine Emergency Temporary Standard (ETS). The 5th Circuit stated that petitioners are likely to succeed on the merits, meaning that OSHA’s ETS is an overreach of its authority on likely a variety of
Nominee Announced to Become Head of MSHA
On November 12, 2021, the White House announced the nomination of Christopher Williamson to become the assistant secretary of Mine Safety and Health. If confirmed by the U.S. Senate, Williamson will become the top leader of the Mine Safety and Health Administration (MSHA), filling the position that has remained vacant
Formulating a Game Plan for MSHA Special Investigations
Although it is too early into the Biden administration to prove statistically, there is, nonetheless, anecdotal evidence of an uptick in Mine Safety and Health Administration (MSHA) special investigations under section 110(c) of the Mine Act.
The Keeping Workers Safe Act Introduced: Will OSHA Violations Be Widely Disseminated?
On October 22, 2021, Senator Dianne Feinstein, Senator Robert Menendez, and Senator Brian Schatz joined Representative Andy Levin of Michigan to introduce legislation to require the publication of alleged workplace safety violations. The Keeping Workers Safe Act would direct the Occupational Safety and Health Administration (OSHA) to announce major violations
New OSHA Leadership Signals Change for Workplace Health and Safety
On October 25, 2021, the U.S. Senate voted 50-41 to confirm Douglas Parker to lead the Occupational Safety and Health Administration (OSHA). He takes on a role that has been vacant since January 2017.
Federal OSHA Threatening to Pull the Plug on State Plans Refusing to Enforce Healthcare ETS
Many states have Occupational Safety and Health Administration (OSHA)-approved workplace safety and health programs (OSHA State Plans) and enjoy enforcement autonomy over workplace safety and health in those states, particularly with respect to the COVID-19 pandemic.
Manufacturers Can Expect Emphasis on Prevention of Heat Illness in Workplaces
The Occupational Safety and Health Administration (OSHA) had announced this spring its intention to implement a new heat illness standard that will apply to indoor environments. Now, the U.S. Department of Labor has announced “enhanced and expanded” efforts to address heat-related illnesses as part of the Biden Administration’s commitment to workplace safety, climate resilience, and environmental justice.
During an OSHA Inspection: Know Your Rights
During an Occupational Safety and Health Administration (OSHA) inspection, the OSHA official, escorted by management, will tour the facility or construction site to observe working conditions, identify violations, and so on.
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