Federal Employment Law Articles

OSHA - General

Articles Discussing General Topics Under OSHA.

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What to Expect from OSHA Under the Biden Administration

Jackson Lewis P.C.·

President-Elect Joseph Biden has not named a nominee for Secretary of Labor yet, much less an Assistant Secretary of Labor for Occupational Safety and Health who would lead the Occupational Safety and Health Administration (OSHA). But individuals with a background in organized labor may be forerunne

Employers can expect OSHA to issue emergency rule for COVID-19 early in Biden administration

Maynard Nexsen·

COVID-19 cases in the United States have been increasing rapidly in recent weeks, and the surge is expected to continue into the winter. On Nov. 10, 2020, the rolling seven-day average of confirmed cases was at an all-time high. Almost 62,000 individuals are hospitalized for COVID-19, the most since

OSHA Issues Frequently Asked Questions Regarding COVID-19 Reporting Obligations

Littler·

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 c

OSHA COVID-19 Enforcement on the Rise

Jackson Lewis P.C.·

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.

OSHA Guidance Related to COVID-19 for Healthcare Providers

Jones Walker LLP·

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.

Can You Claim Employee Misconduct in an OSHA Citation?

Jackson Lewis P.C.·

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.

As OSHA Enforcement Increases, Workplace Safety Compliance Could Reduce Need for More Coronavirus-Related Lockdowns

Maynard Nexsen·

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.”

Working During the Pandemic—Current Occupational Safety Regulations in Germany

Ogletree Deakins·

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 bec

VIDEO: William Floyd on Safety in the Workplace During the Pandemic

Maynard Nexsen·

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.

Now You See Them, Now You Don’t: OSHA Removes Recently Published FAQs on Reporting Hospitalizations and Fatalities Due to COVID-19

Ogletree Deakins·

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.

OSHA Publishes New FAQs on Reporting Hospitalizations and Fatalities Due to COVID-19

Ogletree Deakins·

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 b

Who is Filing Coronavirus-Related OSHA Complaints?

Maynard Nexsen·

The U.S. Department of Labor’s federally and state-administered Occupational Safety and Health Administration (“OSHA”) programs across the country receive complaints every day related to COVID-19. OSHA tracks all valid complaints and referrals received since February 1, 2020, with the N-16-COVID-19

Darra James Coleman on COVID Related OSHA Complaints

Maynard Nexsen·

COVID-19 related complaints filed with OSHA are on the rise. Nexsen Pruet health care attorney Darra James Coleman offers guidance on what you need to know when facing an OSHA investigation in the video below.

OSHA Issues COVID-19 Guidance for the Oil and Gas Industry

Ogletree Deakins·

On July 7, 2020, the federal Occupational Safety and Health Administration (OSHA) issued COVID-19 control and prevention guidance for oil and gas industry workers and employers. The guidance supplements OSHA’s interim guidance for the general workforce.

Judge Finds No Scientific Basis for NWS Heat Index Chart Used by OSHA in Heat Stress Cases

Ogletree Deakins·

An administrative law judge of the independent Occupational Safety and Health Review Commission held this week that the Occupational Safety and Health Administration (OSHA) had failed to show that a document the agency used to prosecute employers in heat stress cases—the National Weather Service’s h

OSHA Issues COVID Related Guidance for the Oil & Gas Industry

Jones Walker LLP·

The Occupational Safety and Health Administration (OSHA) has issued COVID-19 guidance for workers and employers in the oil and gas industry . While this guidance is specifically geared to the oil and gas industry, the guidance is not unlike other best practices OSHA has recommended for other workers

OSHA Issues Inspection Guidance for Enforcement of Respirable Crystalline Silica Standard

Ogletree Deakins·

On June 25, 2020, the Occupational Safety and Health Administration (OSHA) issued Inspection Procedures for the Respirable Crystalline Silica Standards. The new procedures, 124 pages in length, went into effect immediately.

OSHA COVID-19 Guidance Advises Wearing Masks in Workplace

Jackson Lewis P.C.·

As cases of COVID-19 continue to spike across the country and many jurisdictions have begun to require the use of face coverings in public, the Occupational Safety and Health Administration (OSHA) has unveiled and updated its Frequently Asked Questions discussing masks in the workplace.

Employers Should Review OSHA’s New Guidance on Safely Returning Employees Back to Work Post-COVID-19

Goldberg Segalla·

The Occupational Safety and Health Administration (OSHA) recently issued new guidance for employers that clarifies previous guidelines for reopening businesses and returning employees to the workplace.

Judge Rules OSHA Can Release Employer Injury Records

Ogletree Deakins·

On June 4, 2020, Magistrate Judge Donna M. Ryu of the U.S. District Court for the Northern District of California ruled in The Center for Investigative Reporting v. Department of Labor that employers’ injury and illness records, submitted to the federal Occupational Safety and Health Administration