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Managing OSHA Blog

61 total results. Page 1 of 3.

John Zaimes, Lauren C. Schaefer
SB 1159 expands the presumption of workers’ compensation liability for employees who contract COVID-19 due to a workplace outbreak.
Henry Morris, Jr., Michael L. Stevens, Mark S. Dreux, Alexandra M. Romero
This is our fourth Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
Henry Morris, Jr., Michael L. Stevens, Mark S. Dreux, Alexandra M. Romero
This is our third Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard. 
Henry Morris, Jr., Michael L. Stevens, Mark S. Dreux, Alexandra M. Romero
In our previous Alert, we summarized general employer mandates contained in Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
Henry Morris, Jr., Michael L. Stevens, Mark S. Dreux, Alexandra M. Romero
Last week, Virginia Governor Ralph Northam announced the nation’s first statewide COVID-19 workplace safety standard.
Wayne H. Matelski
The FDA has just issued a Guidance on what it considers to be appropriate Current Good Manufacturing Practices (CGMPs) for Responding to COVID-19 infections in employees in drug and biological manufacturing facilities. 
Henry Morris, Jr., Linda M. Jackson, Michael L. Stevens, Mark S. Dreux, Shelby A. Cummings, Alexandra M. Romero
On March 10th, the Department of Labor’s Wage and Hour Division issued guidelines that address many Family and Medical Leave Act (FMLA) issues that have arisen due to the COVID-19 pandemic.  
Henry Morris, Jr., Linda M. Jackson, Michael L. Stevens, Mark S. Dreux, Alexandra M. Romero
The coronavirus pandemic raises vexing issues for employers, including issues under the Americans with Disabilities Act and the federal Rehabilitation Act. The EEOC has addressed several of those issues in its publication What You Should Know about the ADA, the Rehabilitation Act, and COVID-19. 
Mark S. Dreux, Linda M. Jackson, Henry Morris, Jr., Michael L. Stevens, Alexandra M. Romero
Questions are being raised if an employer has the legal right to discipline or discharge employees who refuse to work out of concern about the Coronavirus. The definitive legal answer is, “it depends.” There are both legal and employee relations issues at stake here.
Mark S. Dreux, Alexandra M. Romero, Michael L. Stevens, Linda M. Jackson, Henry Morris, Jr.
With the WHO declaring the coronavirus a worldwide pandemic and President Trump declaring a “National Emergency to Fight COVID-19,” it is imperative that employers understand the requirements of the OSH Act and its standards to ensure that work and the workplace are safe for their employees. 
Mark S. Dreux, Alexandra M. Romero
In the underlying case, OSHA issued citations to Wynnewood Refining Co., LLC related to a steam boiler powered by natural gas at the company’s oil refinery in Wynnewood, Oklahoma.
Mark S. Dreux
For the last thirty years, I have defended companies in OSHA enforcement actions. No matter how large or small the action, employers should always begin by evaluating the potential financial impact the OSHA citation could have on the company.
Mark S. Dreux, Alexandra M. Romero
In a groundbreaking decision, the Occupational Safety and Health Review Commission on March 4, 2019 ruled for the first time that the Occupational Safety and Health Act’s (OSH Act) general duty clause obligates employers to protect their workers from workplace violence.
Mark S. Dreux, Michael L. Stevens, Alexandra M. Romero
In one of the Trump administration’s first official acts, White House Chief of Staff Reince Priebus issued a memorandum on January 20, 2017 implementing an immediate freeze on all pending regulations until they have been reviewed and further action has been approved.
Mark S. Dreux, James H. Hulme, Alexandra M. Romero
On December 29, 2016, a three-judge panel from the US Court of Appeals for the Fifth Circuit unanimously vacated two OSHA citation items issued to a Delek Refining Ltd. (“Delek”) facility for alleged safety violations that occurred years prior to its ownership of the refinery.
Mark S. Dreux
PSM STANDARD – Recent Fifth Circuit opinion limits OSHA’s power to issue citations for failing to address PHA and audit findings.
Mark S. Dreux, Alexandra M. Romero
In a major blow to OSHA’s ongoing efforts to modify existing safety and health standards through informal agency guidance, a unanimous panel of federal judges recently invalidated a July 2015 OSHA memorandum that had significantly narrowed the PSM standard’s retail facility exemption.
Mark S. Dreux
When the Occupational Safety and Health Administration issues a “Citation and Notification of Penalty,” employers should always begin evaluating the potential financial impact the OSHA citation could have on the company.
Mark S. Dreux
OSHA substantially revised the 1994 Hazard Communication Standard in 2012 and by June 1, 2015 most employers have to be in full compliance with the new requirements.
Mark S. Dreux, B. Thorne Maginnis
In its budget proposal for Fiscal Year 2016, the Obama Administration has asked Congress to increase civil penalties for violations of the Occupational Safety and Health Act. As the proposal notes, OSH Act civil penalties have been increased only once since the law was passed 44 years ago.
Mark S. Dreux
In addition to reporting all employee fatalities within eight hours, employers will now also have to report work-related in-patient hospitalizations of one or more employees, amputations, and physical eye loss within 24 hours of the incident.
Mark S. Dreux
Recent OSHA activity indicates the agency will soon unveil its proposed rule to make recordkeeping violations “continuing” for purposes of OSHA’s six-month statute of limitations (SOL).
Mark S. Dreux
According to an OSHA Letter of Interpretation (the “Sallman Letter”), employees at a workplace without a collective bargaining agreement may designate a person affiliated with a union to act as their “personal representative” for OSH Act purposes.
Mark S. Dreux
On September 11, 2014, OSHA announced new requirements for the severe injury reporting rule. Employers will now be required to notify OSHA of all work-related in-patient hospitalizations, amputations and eye loss within 24 hours of their occurrence.