May 28, 2020
On May 27, 2020, the Mine Safety and Health Administration (“MSHA”) unceremoniously canceled the Program Policy Letter (“PPL”) published on July 29, 2019, intended to clarify requirements in 30 C.F.R. § 57.11050. https://www.govinfo.gov/content/pkg/FR-2020-05-27/pdf/2020-11300.pdf. The stated intent of the PPL was to provided metal/nonmetal underground mine operators with guidance on placement of…
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…
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…
May 18, 2020
On May 14, 2020, Senator Joseph Manchin, III (D-WV), along with co-sponsors, Richard Durbin (D-IL), Timothy Kaine (D-VA), Shelley Moore Capito (R-WV), Douglas Jones (D-AL), Sherrod Brown (D-OH), Mark Warner (D-VA) and Robert Casey (D-PA), introduced a Bill to require the Secretary of Labor to promulgate Emergency Temporary Standards (“ETS”) within 7 days of passage to protect miners in coal or…
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…
April 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…
April 21, 2020
In what has already become a minefield of potential employer liability related to the COVID-19 pandemic, the nation’s largest employer - Walmart - is facing a wrongful death suit following the death of one of its Chicago-area employees after the employee allegedly passed away from COVID-19 health complications. As with the virus itself, questions abound about the extent of employer liability for…
April 17, 2020
OSHA issued a COVID-19 Interim Enforcement Response Plan to its area offices, state plan designees, and compliance safety and health officers instructing on the prioritization and response to workplace complaints related to COVID-19. Employers will find this latest guidance of interest in responding to and protecting employees from COVID-19 related health and safety concerns.
April 17, 2020
On April 16, 2020, MSHA held its (rescheduled) quarterly stakeholder call to address regulatory and enforcement updates across the industry. As with most other recent updates from government agencies, the MSHA call was dominated by conversations surrounding the agency’s response to and regulatory actions regarding the novel coronavirus or COVID-19. However, there were substantive updates on…
April 8, 2020
COVID-19 impacts business operations in ways that change daily: unemployment compensation, sick leave, and employee retention are a few of the areas receiving regular updates.
Employers must also remember their obligations to employees who raise safety concerns, especially relating to the COVID-19 threat to health and safety. Employee safety initiatives have been focused on identifying and…
April 7, 2020
On Tuesday, April 7, 2020, the West Virginia Office of Miners’ Health, Safety and Training (the “WVOMHST”) issued a letter to the Secretary of State of West Virginia, Mac Warner, informing him that the WVOMHST will be suspending the requirements related to preemployment and random breath tests for alcohol as a result of the COVID-19 Pandemic.
Governor Jim Justice declared a statewide State of…
April 3, 2020
On April 3, 2020, OSHA issued updated guidance on the use of N95 masks as a result of shortages of these masks for Health Care Providers and other industry across the country. This guidance is meant as a supplement to N95 fit test guidance issued on March 14, 2020. The updated guidance provides overarching guidance for all industries that commonly use N95 masks as well as specified guidance for…
May 28, 2020
On May 27, 2020, the Mine Safety and Health Administration (“MSHA”) unceremoniously canceled the Program Policy Letter (“PPL”) published on July 29, 2019, intended to clarify requirements in 30 C.F.R. § 57.11050. https://www.govinfo.gov/content/pkg/FR-2020-05-27/pdf/2020-11300.pdf. The stated intent of the PPL was to provided metal/nonmetal underground mine operators with guidance on placement of…
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…
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…
May 18, 2020
On May 14, 2020, Senator Joseph Manchin, III (D-WV), along with co-sponsors, Richard Durbin (D-IL), Timothy Kaine (D-VA), Shelley Moore Capito (R-WV), Douglas Jones (D-AL), Sherrod Brown (D-OH), Mark Warner (D-VA) and Robert Casey (D-PA), introduced a Bill to require the Secretary of Labor to promulgate Emergency Temporary Standards (“ETS”) within 7 days of passage to protect miners in coal or…
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…
April 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…
April 21, 2020
In what has already become a minefield of potential employer liability related to the COVID-19 pandemic, the nation’s largest employer - Walmart - is facing a wrongful death suit following the death of one of its Chicago-area employees after the employee allegedly passed away from COVID-19 health complications. As with the virus itself, questions abound about the extent of employer liability for…
April 17, 2020
OSHA issued a COVID-19 Interim Enforcement Response Plan to its area offices, state plan designees, and compliance safety and health officers instructing on the prioritization and response to workplace complaints related to COVID-19. Employers will find this latest guidance of interest in responding to and protecting employees from COVID-19 related health and safety concerns.
April 17, 2020
On April 16, 2020, MSHA held its (rescheduled) quarterly stakeholder call to address regulatory and enforcement updates across the industry. As with most other recent updates from government agencies, the MSHA call was dominated by conversations surrounding the agency’s response to and regulatory actions regarding the novel coronavirus or COVID-19. However, there were substantive updates on…
April 8, 2020
COVID-19 impacts business operations in ways that change daily: unemployment compensation, sick leave, and employee retention are a few of the areas receiving regular updates.
Employers must also remember their obligations to employees who raise safety concerns, especially relating to the COVID-19 threat to health and safety. Employee safety initiatives have been focused on identifying and…
April 7, 2020
On Tuesday, April 7, 2020, the West Virginia Office of Miners’ Health, Safety and Training (the “WVOMHST”) issued a letter to the Secretary of State of West Virginia, Mac Warner, informing him that the WVOMHST will be suspending the requirements related to preemployment and random breath tests for alcohol as a result of the COVID-19 Pandemic.
Governor Jim Justice declared a statewide State of…
April 3, 2020
On April 3, 2020, OSHA issued updated guidance on the use of N95 masks as a result of shortages of these masks for Health Care Providers and other industry across the country. This guidance is meant as a supplement to N95 fit test guidance issued on March 14, 2020. The updated guidance provides overarching guidance for all industries that commonly use N95 masks as well as specified guidance for…
