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Showing 20 posts in OSHA.

Florida Governor DeSantis Wants Florida Legislature to Pass Law Against Federal Vaccine Mandates

At a press conference on October 21, 2021, Florida Governor Ron DeSantis called on the Florida legislature to pass a law combating federal vaccine mandates. He also called on the legislature to hold a special legislative session to pass such a law, instead of waiting until the legislature resumes its normal session next year. Governor DeSantis believes legislation is necessary because an executive order against employer vaccine mandates may not be sufficient. More ›

Reacting to COVID-19 Delta Variant Outbreaks, OSHA Issues Updated Guidance

The Occupational Safety Health Administration (OSHA) issued updated guidance on August 13, 2021, to assist employers in protecting workers who are unvaccinated or otherwise at risk of contracting the virus. The guidance consists primarily of recommendations and seeks to align its approach with guidance issued by the Centers for Disease Control (CDC). CDC and OSHA guidance interact, but Employers have a specific legal obligation under OSHA to provide a safe and healthy workplace free from recognized hazards that are likely to cause death or serious physical harm. More ›

OSHA Updates its Employer Guidance on COVID-19-Related Fatality Reporting

On September 30, 2020, the Occupational Safety and Health Administration (OSHA) updated its answers to frequently asked questions regarding an employer's obligation to report a COVID-19-related fatality if it occurs within 30 days of the work-related incident. Notably, according to OSHA, an "incident" includes exposure to COVID-19 in the workplace. In order for a fatality to be reportable it must occur within 30 days of the exposure at work, and an employer must report the fatality to OSHA within eight hours. The time clock for the reporting obligation commences within eight hours of the employer knowing that the employee has died and that the cause of death was work-related. More ›

As COVID-19 Cases Increase, States Adopt Workplace Standards and Emergency Ordinances

With over 40 states showing a significant increase in the number of COVID-19 cases, the novel coronavirus remains top of mind for employers throughout the U.S. Numerous state and federal measures have been—and continue to be—enacted in response to the pandemic. We explore some of these recent policies and their impact on employers below. More ›

CDC Guidance Establishes the Bar for Workplace Safety and OSH Act Compliance Related to COVID-19

Throughout the COVID-19 pandemic, employers have had to keep abreast of evolving or incomplete government guidance, all while trying to discern for themselves the most prudent way to handle employee leaves, pay, workload, and safety.

The Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control (CDC) have now worked together to produce a "Guidance on Preparing Workplaces for COVID-19." This guidance is explicitly "advisory in nature" and "informational in content," and "not a standard or a regulation." Nevertheless, the guidance provides helpful information about how the agencies view the methodology of COVID-19 transmission, exposure risks and classifying worker exposure, and what to do to protect workers. The U.S. Department of Labor (DOL) provided similar advice in an April workplace poster. Efforts addressed include personal protective equipment (PPE), engineering controls (e.g. barriers), and administrative controls (e.g. monitoring, training, flexible hours, or telework). More ›

Lessons From Smithfield Pork Packing Plant Lawsuit: Could OSHA Preempt Worker Retaliation Claims Concerning Employer COVID-19 Safety Measures?

In a workplace safety whistleblower lawsuit recently filed in the U.S. District Court for the Middle District of Florida, an air conditioning technician claims he was fired by his employer, HT Airsystems of Florida, LLC, in retaliation for complaining about purported overtime violations and for raising concerns about a lack of personal protective equipment (PPE), which would be a violation of the Fair Labor Standards Act (FLSA), and Florida's Private Whistleblower Act (FWA). More ›

DOL Issues OSHA Information to Help Reduce Coronavirus Exposure in the Workplace

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued a new poster—available in English or Spanish—which lists steps workplaces can take to reduce their risks of coronavirus exposure. This release is the latest effort by OSHA to educate and protect America's workers and employers during the pandemic. We outline their recommended infection prevention measures highlighted in the poster below. More ›

The 12 Days of California Labor & Employment Series – Day 7: Cal/OSHA Reporting Requirements

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2020. In the spirit of the season, we are using the "12 days of the holidays" to blog daily about one of these new California laws and its impact on California employers. On the seventh day of the holidays, my labor and employment attorney gave to me: seven swans a swimming and AB 1804 and 1805. More ›

A New Year, Another OSHA Update

OSHA had an active 2017. Now that we have rung in the new year, let's talk about how those changes are impacting employers in 2018. More ›

OSHA Delays Electronic Reporting to December 15th

In the ongoing series of updates on the status of OSHA's electronic reporting, we have another development.  More ›