Workplace Safety and Health News AlertOSHA ComplianceLoper Bright: What’s Next for Operators?July 10, 2024 On June 28, 2024, the Supreme Court of the United States overruled Chevron v. Natural Resources Defense Council and with it the so-called “Chevron deference.” We detailed the holding of Loper Bright Enterprises v. Raimondo in an article here. Today, we are going to discuss what the Loper decision means for operators moving forward. Briefly, Chevron deference required courts to defer to an… Supreme Court Places a “Tombstone” on Chevron Deference: What are the Implications for MSHA and OSHA?June 28, 2024 On June 28, 2024, the Supreme Court issued a highly-anticipated decision in the twin cases of Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce, which will now make it more difficult for federal agencies to issue rules and regulations that aim to carry out statutory mandates of Congress. The 6-3 decision overrules the 1984 decision Chevron v. Natural Resources Defense… OSHA Announces Final Rule Updating Hazard Communication StandardMay 22, 2024 On May 20, 2024, the Department of Labor announced a final rule from the Occupational Safety and Health Administration which essentially updates the Hazard Communication (“HazCom”) Standard (29 C.F.R. § 1910.1200) with new requirements regarding labels and safety data sheets (“SDSs”). The updated standard will also primarily align with Revision 7 of the United Nations’ Globally Harmonized System… OSHA Survives Constitutional Challenge to Its AuthoritySeptember 8, 2023 On August 23, 2023, a divided Sixth Circuit concluded that Congress’s delegation of authority to the Occupational Safety and Health Administration (“OSHA”) to set workplace-safety standards was constitutional and not violative of the nondelegation doctrine. In Allstates Refractory Contractors, LLC v. Su, the court reasoned that Congress’s delegation provided an “intelligible principle” that… Proposed OSHA Rulemaking Requires Case-Specific Public Reporting of Injury and Illness DataApril 15, 2022 Employers subject to the Occupational Safety and Health Administration (“OSHA”) reporting requirements may soon see their injury and illness data publicly available on the internet. On March 30, 2022, the Federal Register published OSHA’s proposed rule to amend its occupational injury and illness recordkeeping regulations. Comments are requested before May 31, 2022. Current Requirements 29 C.F.R.… OSHA Acknowledges Updated CDC Mask Guidance But Updated Regulation Reflecting the Change Will Have To WaitMay 21, 2021 On May 17, 2021, the Occupational Safety and Health Administration (“OSHA”) updated its COVID response webpage in reaction to guidance from the Centers for Disease Control and Prevention (“CDC”) issued on May 13, 2021. The CDC guidance states that individuals who have received a full vaccination regiment against the novel coronavirus that causes COVID-19 do not have to wear masks in most settings… COLORADO PASSES LEGISLATION TO PROTECT EMPLOYEES WHO RAISE CONCERNS ABOUT A PUBLIC HEALTH EMERGENCYJuly 24, 2020 New protections for employees concerned about workplace safety during a public health emergency are now in effect in Colorado. House Bill (“HB”) 20-1415 seeks to protect employees and some independent contractors from retaliation or discrimination if they raise safety or health concerns about a public health emergency (“PHE”) to their employer. The law became effective upon Governor Jared Polis’… APPEALS COURT AFFIRMS OSHA'S DECISION TO NOT ISSUE COVID-19 EMERGENCY TEMPORARY STANDARDJune 12, 2020 On Thursday, June 11, 2020, the D.C. Circuit Court of Appeals rejected a request by the American Federation of Labor and Congress of Industrial Organizations (“AFL-CIO”) to force the Occupational Safety and Health Administration (“OSHA”) to issue an “Emergency Temporary Standard” (“ETS”) in response to workplace safety concerns arising from the novel Coronavirus and COVID-19. In March, the AFL-CIO… OSHA Issues COVID-19 Guidance for the Construction IndustryMay 28, 2020 As part of its on-going program to provide guidance to various industries that are continuing to work through the Coronavirus pandemic, OSHA this week established a single-source webpage with coronavirus-related guidance for the construction industry. The guidance includes recommended actions for both employers and employees to reduce the risk of exposure to coronavirus at the jobsite. Throughout… OSHA Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)May 20, 2020 On Tuesday May 19, 2020, the Occupational Safety and Health Administration (OSHA) issued new enforcement guidance for areas of the country that have seen low or falling incidents of community spread of COVID-19. This guidance replaces the guidance OSHA issued in April which relaxed enforcement for certain kinds of reporting. Critically, this new guidance instructs inspectors to follow normal… COVID-19 Hotspots in Industrial Settings and Employer LiabilityApril 29, 2020 Localized outbreaks of COVID-19 have plagued large industrial employers. A special focus has been placed on meat processing facilities, as plants across the country have become hotspots due to close quarters working conditions and allegations of insufficient responses by management in excluding ill workers and providing well workers with appropriate personal protective equipment (“PPE”). These… Reopening Your Workplace - What OSHA and the CDC RecommendsApril 28, 2020 States are beginning to plan ways to safely reopen their economies, and with that, businesses that closed due to the COVID-19 pandemic should plan how to reopen as well. The Occupational Safety and Health Administration (“OSHA”) and Centers for Disease Control (“CDC”) have issued guidance and recommendations that should assist businesses in reopening. OSHA’s Guidance OSHA has issued guidance for… |
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