Last week, the Occupational Safety and Health Administration (OSHA) issued a COVID-19 Emergency Temporary Standard (ETS) for employers only in the health care sector in response to President Joe Biden’s January Executive Order on Protecting Worker Health and Safety. The ETS becomes effective on the date it is published in the Federal Register, which is yet to be determined. In addition, OSHA promulgated new non-binding guidance for employers in all other sectors ...
Yesterday, the Department of Labor informally notified key stakeholders that it will soon be issuing new regulations concerning COVID-19. One expectation is that the regulations will require employers to not only implement COVID-19 prevention programs but also follow CDC guidelines ...
As Secretary of Labor Hilda Solis informed a convention of safety engineers last year, “Make no mistake about it: The Department of Labor is back in the enforcement business.” In 2010, current OSHA enforcement statistics confirm this promise and reveal unprecedented levels of enforcement ...
This year promises to bring even more headlines than 2011 regarding workplace safety and the agency empowered to regulate it - OSHA. Given the increased scrutiny that regulators feel with election-year politics, the agency will have to pick its battles carefully when pursuing changes through new or updated regulations ...
On June 10, 2020, the Occupational Safety and Health Administration (OSHA) released new guidance, in the form of frequently asked questions and answers, regarding the use of masks in the workplace.[1] The new guidance serves to help employers ensure employees know how to properly wear masks and which type of mask is appropriate. OSHA explains the difference between cloth face coverings, surgical masks, and respirators ...
In September, President Biden announced aggressive plans to combat the COVID-19 pandemic, taking the fight directly to the workplace and ordering mandatory vaccination or weekly testing to employers with 100 or more employees. This week, the Occupational Safety and Health Administration (OSHA) issued anEmergency Temporary Standard(ETS) regarding the COVID-19 vaccination and testing requirements for employers ...
On Dec. 17, 2021, the United States Court of Appeals for the Sixth Circuit ended the injunction preventing enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). The ETS requires that large employers must implement a COVID-19 vaccine mandate or testing protocol ...
Even though OSHA has advised that no specific standard covers the novel coronavirus, human resource and safety personnel must be mindful of the generally-applicable standards that might apply. In addition to recording requirements on OSHA 300 logs, there are five standards that merit particular attention in the COVID-19 context ...
The Occupational Safety and Health Administration’s (“OSHA”) new recordkeeping regulations became effective on January 1, 2002. OSHA, however, has agreed to refrain from enforcing the regulations during the first 120 days of the rule, or until May 1, 2002 ...
Yesterday, OSHA issued a Trade Release announcing the revival of its Site-Specific Targeting Program (SST or Program). As we forecasted when OSHA first published the Electronic Recordkeeping Rule (Rule), OSHA will use 2016 Form 300A data – which employers submitted last December – to target specific worksites for comprehensive, programmed inspections ...
OSHA is implementing several changes to its administrative penalty calculation system. Many of the agency's current penalty adjustment factors have been in place since the early 1970's, resulting in penalties which are often too low to have an adequate deterrent effect. Administrative penalty adjustments will therefore be made to several factors which impact the final penalty issued to employers. These factors include: 1 ...
The business community has been placed on notice. OSHA has been actively pursuing its regulatory agenda, while also arming its arsenal to enforce compliance. This alert explores the highlights of OSHA’s initiatives in 2010 and what companies can expect in 2011. OSHA 2010: Expanded Enforcement and an Active Commission OSHA’s efforts throughout 2010 included expanded enforcement, a negative publicity campaign, and clearance of several legacy cases from the OSHA Review Commission (“OSHRC”) docket ...
On March 25, 2020, the Supervising Agencyof the GovernmentProcurement - OSCE issued Communiqué No. 005-2020 acknowledging that the immobilization recently decreed by the Central Government to contain the spread of the coronavirus (COVID-19) is recognized as a force majeure event ...
The Government Procurement Supervising Agency – OSCE and the Central Purchasing Body PERÚ COMPRAS (PC) report on the measures to be implemented regarding the State of Emergency declared by Supreme Decree No. 044-2020-PCM Through Communiqué No. 003-2020 issued on March 16, 2020, the GovernmentProcurementSupervising Agency – OSCE announced the measures it will implement regarding the approval of Supreme Decree No ...
FACTS OF THE CASE The plaintiff and the defendant, who operates a horse-riding facility, agreed on a three-month internship for career orientation (professional horse farmer; Pferdewirt). The internship started on October 6, 2015. The plaintiff was involved in saddling and cleaning horses, putting them on a belt, feeding them, taking them to the pasture and back, and helping with stable cleaning. During the period from November 3 to 6, 2015, the plaintiff was ill and not fit to work ...
The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC) ...
When Oregon Occupational Safety and Health (Oregon OSHA) adopted permanent rules related to COVID-19 back in May 2021, it did so with the caveat that it would repeal the rules once it determined that they were no longer necessary to address the pandemic. As of June 30, 2021, Oregon OSHA has formally removed the facial covering and physical distancing requirements for most workplaces under Oregon OSHA’s jurisdiction ...
On May 13, 2021, the Centers for Disease Control and Prevention (“CDC”) issued new recommendations for individuals who are fully vaccinated. Specifically, the CDC stated that fully-vaccinated individuals[1] can resume activities without wearing a mask or physically distancing. However, the CDC’s guidance specifically does not override federal, state, local, tribal, or territorial laws, rules, and regulations as they related to masks and physical distancing requirements ...
The Oregon Legislature adopted a bill in 2021 to ensure planned communities eliminate discriminatory language from their governing documents by the end of this year. House Bill 2534, which amends Oregon Revised Statutes (ORS) chapters 94 and 100, imposes a responsibility on homeowners associations and condominium associations to review their governing documents and remove certain discriminatory language ...
The Oregon Legislature adopted a bill in 2021 to ensure planned communities eliminate discriminatory language from their governing documents by the end of this year. House Bill 2534, which amends Oregon Revised Statutes (ORS) chapters 94 and 100, imposes a responsibility on homeowners associations and condominium associations to review their governing documents and remove certain discriminatory language ...
The Oregon legislature passing Senate Bill 1501 in March of this year set the stage for the Oregon Department of Forestry’s (ODF’s) rulemaking process to implement a comprehensive set of changes to Oregon’s Forest Practices Act (FPA). The rulemaking process is now nearing its conclusion. ODF held hearings and informational meetings on draft rules implementing changes to the FPA stemming from the Private Forest Accord Report throughout September ...
Due to the increasing spread of the coronavirus, numerous companies in Switzerland have already ordered home office work for their employees. This article addresses, inter alia, the question of whether employers can unilaterally order home office work in the current situation and what consequences this might have. Read the entire article below ...
Ohio Governor Mike DeWine announced in a press conference on March 17, 2020 that all elective surgeries would be postponed in the State of Ohio effective at 5:00 p.m. on March 18, 2020 until further notice. The Order, issued by Director of the Ohio Department of Health Amy Acton, is available here: (https://content.govdelivery.com/attachments/OHOOD/2020/03/17/file_attachments/1403950/Director%27s%20Order%20non-essential%20surgery%203-17-2020.pdf) ...
