Workplace Safety and Health News AlertOSHA RulemakingLoper 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… 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's COVID-19 Vaccine ETS Enforcement UpdateDecember 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… OSHA Issues Long Delayed and Narrowly Tailored Emergency StandardJune 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… 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… 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… 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… OSHA PROPOSES TO REVISE ELECTRONIC SUBMISSIONS TO REQUIRE ONLY 300A FORMS FROM ALL EMPLOYERSJuly 30, 2018 For clients and friends of 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… OSHA INSPECTORS AIM TO DISCOVER WHICH EMPLOYERS FAILED TO FILE 2016 ELECTRONIC ILLNESS AND INJURY DATAFebruary 28, 2018 For clients and friends of 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… OSHA SPEAKS AT RECENT ASSE MEETINGFebruary 26, 2018 For clients and friends of 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,… NEW OSHA MEMORANDUM ON CONSTRUCTION SILICA ENFORCEMENTSeptember 21, 2017 For clients and friends of 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… |
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