OSHA
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California OSHA Issues Comprehensive and Demanding COVID-19 Emergency Regulation
On the afternoon of November 30, 2020, the California Office of Administrative Law (OAL) issued the final approval, allowing the emergency COVID‑19 regulation proposed by the California Division of Occupational Safety and Health (Cal-OSHA) and approved by the California Occupational Safety and Health Standards Board (Board) on November 19. Continue reading
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Amazon Workers’ COVID-19 Workplace Safety Lawsuit Dismissed
On November 2, 2020, Judge Cogan of the U.S. District for the Eastern District of New York dismissed the amended complaint of workers at Amazon’s Staten Island JFK8 fulfillment center (“JFK8”) against their employer over its alleged non-compliance with state and federal public health guidance and law during the COVID 19 pandemic. Continue reading
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U.S. OSHA Issues Guidance on Returning to Work
On June 18, 2020, U.S. OSHA issued its “Guidance on Returning to Work,” (“Reopening Guidance”) compiling best practices and existing regulatory standards to assist employers and workers return to work and reopen businesses characterized as non-essential in the earlier weeks of the COVID‑19 pandemic. Continue reading
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U.S. Court of Appeals Denies AFL-CIO’s Petition for OSHA COVID-19 Emergency Temporary Standard
On June 11, 2020, the U.S. Court of Appeals for the D.C. Circuit denied the American Federation of Labor and Congress of Industrial Organizations’ (“AFL-CIO”) petition for a writ of mandamus to compel OSHA to issue an Emergency Temporary Standard for Infectious Diseases (“ETS”), providing regulations to protect workers against coronavirus exposure in the workplace. Continue reading
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OSHA Faces FAQs on Face Coverings
On June 10, 2020, in a series of six “frequently asked questions and answers” (Face Coverings FAQs), OSHA provided its first general guidance on the use of cloth face coverings in the workplace. In announcing the FAQs, OSHA’s Principal Deputy Assistant Secretary, Loren Swett, stated that it was issuing the guidance because “millions of Americans… Continue reading
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Employers are Back in the Workplace: So is OSHA!
On May 19, 2020, in recognition of many more businesses opening their workplaces in response to governors modifying stay-at-home orders and the President’s urging business to reopen across the country, OSHA revised two of its prior COVID-19 enforcement policies, thereby informing employers that OSHA would no longer grant enforcement discretion regarding the recording of work-related… Continue reading
2020, in recognition of many more businesses opening their workplaces in response to governors modifying stay-at-home orders and the President’s urging businesses to reopen across the country, On May 19, OSHA revised two of its prior COVID-19 enforcement policies, particularly those focusing on COVID-19 issues., thereby informing employers that OSHA would no longer grant enforcement discretion regarding the recording of work-related COVID-19 exposure cases and that OSHA intended to conduct more onsite inspect -
OSHA Promises Relaxed Enforcement during Pandemic if Employers Make “Good Faith Effort” to Comply with Non-Achievable Recurring Requirements
On April 17, 2020, OSHA posted an April 16, 2020 enforcement guidance, which, for the first time, recognized that due to COVID-19, employers were not able to feasibly comply with a wide-range of OSHA regulatory requirements. Continue reading
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OSHA to Manufacturers: Coronavirus “Safety Tips” in an “Alert” to Manufacturing Employers
By Gabrielle Sigel, Co-Chair, Environmental and Workplace Health and Safety Law Practice On April 16, 2020, OSHA released an “alert” with “safety tips” that manufacturing employers “can follow to help protect manufacturing workers from OSHA liability.” (“Manufacturers Alert”) (emphasis added). Although the “alert” is not a regulation which OSHA can directly enforce, OSHA may attempt… Continue reading
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OSHA to Most Employers: Limited Exemption from Recording Requirement for Employees’ COVID 19 Cases
On April 10, 2020, US OSHA partially retracted its initial instructions to employers, which had required employers to evaluate employees who contracted COVID‑19 as potential recordable occupational illnesses under OSHA’s injury/illness recordkeeping rules, 29 CFR Part 1904. Continue reading
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OSHA to Employers: Some Relief from Respiratory Protection Rules in the Face of N95 Shortages
By Gabrielle Sigel, Co-Chair, Environmental and Workplace Health and Safety Law Practice On April 3, 2020, U.S. OSHA issued two Enforcement Guidance memos which, for the first time, provide guidance to all industries, including healthcare, regarding how to comply with OSHA rules in the face of N95 shortages. The first document is entitled “Enforcement Guidance… Continue reading
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