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…
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…
April 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.…
December 3, 2021
On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) requiring all private sector employers subject to OSHA jurisdiction with more than 100 employees and all state and local governments in states with OSHA approved State Plans, to require all employees to show proof of COVID vaccination or begin to submit to weekly COVID…
June 21, 2021
On Thursday June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an emergency temporary standard (“ETS”) contained in 29 C.F.R. Part 1910 Subpart U; however, it only applies to healthcare employers. At the same time that OSHA issued the ETS, OSHA also issued updated guidance to general industry on COVID-19 prevention for unvaccinated and at-risk employees.
Background on…
May 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…
May 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…
April 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…
July 30, 2018
For clients and friends of Jackson Kelly PLLC
Volume 14, Number 13
©2018 Jackson Kelly PLLC
On Monday, July 30, 2018, the Occupational Safety and Health Administration (“OSHA”) published a Notice of Proposed Rulemaking seeking to revise the Tracking of Workplace Injury and Illness rule. The proposed rule rescinds the requirement for establishments with 250 or more employees to…
February 28, 2018
For clients and friends of Jackson Kelly PLLC
Volume 14, Number 5
©2018 Jackson Kelly PLLC
On February 21, 2018, the Occupational Safety and Health Administration (“OSHA”) issued guidance on Interim Enforcement Procedures for Failure to Submit Electronic Illness and Injury Records under 29 C.F.R. § 1904.41(a)(1) and (a)(2). Employer establishments subject to OSHA recordkeeping…
February 26, 2018
For clients and friends of Jackson Kelly PLLC
Volume 14, Number 4
©2018 Jackson Kelly PLLC
Herb Gibson, Area Director for the Denver Occupational Safety and Health Administration (“OSHA”) office, spoke at the February meeting of the Colorado Chapter of the American Society of Safety Engineers (“ASSE”). At that meeting, he listed the priorities for the Colorado OSHA offices for 2018,…
September 21, 2017
For clients and friends of Jackson Kelly PLLC
Volume 13, Number 18
©2017 Jackson Kelly PLLC
As we previously reported this week, the Occupational Safety and Health Administration (“OSHA”) is moving forward on the September 23, 2017 enforcement date for the Respirable Crystalline Silica in Construction Standard, 29 C.F.R. § 1926.1153. We outlined the requirements of the standard earlier…
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…
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…
April 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.…
December 3, 2021
On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) requiring all private sector employers subject to OSHA jurisdiction with more than 100 employees and all state and local governments in states with OSHA approved State Plans, to require all employees to show proof of COVID vaccination or begin to submit to weekly COVID…
June 21, 2021
On Thursday June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an emergency temporary standard (“ETS”) contained in 29 C.F.R. Part 1910 Subpart U; however, it only applies to healthcare employers. At the same time that OSHA issued the ETS, OSHA also issued updated guidance to general industry on COVID-19 prevention for unvaccinated and at-risk employees.
Background on…
May 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…
May 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…
April 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…
July 30, 2018
For clients and friends of Jackson Kelly PLLC
Volume 14, Number 13
©2018 Jackson Kelly PLLC
On Monday, July 30, 2018, the Occupational Safety and Health Administration (“OSHA”) published a Notice of Proposed Rulemaking seeking to revise the Tracking of Workplace Injury and Illness rule. The proposed rule rescinds the requirement for establishments with 250 or more employees to…
February 28, 2018
For clients and friends of Jackson Kelly PLLC
Volume 14, Number 5
©2018 Jackson Kelly PLLC
On February 21, 2018, the Occupational Safety and Health Administration (“OSHA”) issued guidance on Interim Enforcement Procedures for Failure to Submit Electronic Illness and Injury Records under 29 C.F.R. § 1904.41(a)(1) and (a)(2). Employer establishments subject to OSHA recordkeeping…
February 26, 2018
For clients and friends of Jackson Kelly PLLC
Volume 14, Number 4
©2018 Jackson Kelly PLLC
Herb Gibson, Area Director for the Denver Occupational Safety and Health Administration (“OSHA”) office, spoke at the February meeting of the Colorado Chapter of the American Society of Safety Engineers (“ASSE”). At that meeting, he listed the priorities for the Colorado OSHA offices for 2018,…
September 21, 2017
For clients and friends of Jackson Kelly PLLC
Volume 13, Number 18
©2017 Jackson Kelly PLLC
As we previously reported this week, the Occupational Safety and Health Administration (“OSHA”) is moving forward on the September 23, 2017 enforcement date for the Respirable Crystalline Silica in Construction Standard, 29 C.F.R. § 1926.1153. We outlined the requirements of the standard earlier…
