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OSHA Defense Report Blog
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On Nov. 30, 2020, Cal/OSHA issued its final COVID-19 Emergency Temporary Standard (“ETS”), with all of its provisions effective immediately. One of those provisions — the exclusion pay and benefits continuation requirements — has been at the center of much controversy. Read more here >>
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On July 15, 2020, Virginia OSHA became the first State OSH agency in the nation to promulgate an Emergency Temporary Standard regulating COVID-19 in workplaces. Last week, in a 9-4 vote, the Virginia Safety and Health Codes Board went a step further and finalized a “Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19,” making Virginia the first state in the country to issue a permanent rule regulating COVID-19 in the workplace. Read more here >>
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We did not have to wait long to learn Pres. Biden’s plans for a Fed OSHA COVID-19 emergency standard. In a Day 1 Executive Order, Pres. Biden laid out OSHA’s approach to managing the COVID-19 crisis in the workplace, and signaled that Fed OSHA will issue a COVID-19 ETS by March 15th and launch a COVID-19 enforcement National Emphasis Program. Read more here >>
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OSHA has broad authority to conduct workplace enforcement inspections, and such enforcement efforts have reached record levels under the Obama Administration. OSHA gathers virtually all of the evidence it needs to substantiate a citation during inspections. Accordingly, it is essential that employers know and assert their rights during OSHA inspections. Check out the full article to learn about three specific, important rights that Employers have during OSHA inspections. Read more here >>
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Update about the Chemical Safety Board
Presented by:
Eric J. Conn, Micah Smith and Beeta B. Lashkari
Tuesday, March 16, 2021 at 1:00 PM ET
For a small agency, a lot happened at the U.S. Chemical Safety and Hazard Investigation Board (the CSB) last year – and not all related to the COVID-19 pandemic. For example, the CSB promulgated an accidental release reporting rule, requiring employers to report certain chemical incidents to the CSB. Although the rule went into effect last Spring, the CSB set a 1-year enforcement “grace period” to allow time for the regulated community to become familiar with the rule, and for the Agency to develop guidance about the new rule. With the grace period expiring next month, it is critical for employers to understand their new compliance obligations.
In addition, with expired terms, early departures, and the swearing in of a new Chairperson (but no other Board members), the CSB’s Board became a “quorum of one” for the first time, begging questions about its authority to vote on mission-critical work product, such as investigation reports, and its ability to conduct the agency’s business. Although Pres. Biden will likely nominate new Board Members, the Senate confirmation process can be a slog, especially for lower priority agency nominations, meaning the CSB may maintain a quorum of one for an extended period.
Participants in this webinar will learn:
- The CSB's Accidental Release Reporting Rule requirements
- Board governance with a quorum of one
- Impact of new Biden-appointed Board member nominees
- Status of staffing & hiring efforts
- New investigations, case studies & other work product
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What Employers Need to Know
About COVID-19 Vaccination
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Conn Maciel Carey is a boutique law firm focused on Labor & Employment, Workplace Safety and Litigation. The clients we serve - from multi-national organizations to individuals - seek us out for strategic guidance ranging from day-to-day employment counseling to managing government regulatory investigations to leading complex litigation. What sets us apart is our special emphasis on workplace challenges, our creativity in crafting positive solutions, and our passion for serving our clients' interests. For more information, please visit www.connmaciel.com.
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