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Safety Sense February 2024

2024 CHANGES TO OSHA INJURY AND ILLNESS RECORDKEEPING REQUIREMENTS What's Changing: Establishments with 100+ employees in certain designated industries are required to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year. OSHA will...

Comp Connection November 2023

Is This the End of Voluntary Abandonment in Ohio?   R.C.4123.56(F) was enacted and became effective September 15, 2020 and applies to claims arising on or after July 1, 2020. Prior to the amendment, voluntary abandonment of employment was an affirmative defense...

Safety Sense April 2023

This year's Safety & Health Day will be held on Wednesday, May 24, 2023 at Owen's Community College - Center for the Performing Arts. Doors open at 7:30am with a full day of presentations on various workplace safety topics!  Attorney Carl Habekost will be...

Comp Connection March 2023

  In State of Ohio ex rel. AutoZone Stores Inc. v. Indus. Comm., 10th Dist. No. 21AP-294, 2023-Ohio-633, decided on March 2, 2023 the Tenth District Court of Appeals interpreted R.C. 4123.56(F) which provides:  If an employee is unable to work or suffers a wage...

OSHA Emergency Temporary Standard Vaccine Mandate Given the Green Light by the Sixth Circuit: Tips for Employer Compliance

This just in: the Sixth Circuit Court of Appeals has lifted the preliminary injunction that had blocked the Occupational Safety and Health Administration’s (“OSHA”) emergency temporary standard (“ETS”) rule from going into effect. The Sixth Circuit’s decision has been appealed to the United States Supreme Court. The ETS rule applies to all businesses in the United States with at least…

CMS Vaccine Mandate Reinstated for Majority of the United States

The flurry of vaccine mandate litigation continues. We recently wrote on a federal district court’s preliminary injunction blocking the Centers for Medicare and Medicaid Services (“CMS”) mandate across the country.  However, a recent subsequent decision by the Fifth Circuit reinstated the CMS vaccine mandate for the majority of the United States. In the opinion, the Fifth Circuit, per curiam, found…

Federal Court Issue Preliminary Injunctions Blocking the Vaccine Mandate for Health Care Workers Nationwide and for Federal Contractors in a Few States

The end of November brought a flurry of vaccine mandate litigation.  Two federal courts issued preliminary injunctions blocking the Centers for Medicare and Medicaid Services (“CMS”) mandate and the federal contractor vaccine mandate. CMS Vaccine Mandate Blocked Nationwide CMS had issued an emergency regulation requiring COVID-19 vaccination of eligible staff at health care facilities that participate in the Medicare and…

The EEOC, DOL, and NLRB Joint Commission: What is it and What Does it Mean?

The Equal Employment Opportunity Commission (the “EEOC”), the Department of Labor (the “DOL”), and the National Labor Relations Board (the “NLRB”) announced a joint commission tasked with enforcing workplace laws relating to retaliation in the workplace. The Memoranda of Understanding (the “MOU”) between the three federal agencies allows all three agencies to share information and investigate charges that violate multiple…

OSHA’s Emergency Temporary Standard for COVID-19 Vaccination Policy

The Occupational Safety and Health Administration (OSHA) published an Emergency Temporary Standard (ETS) in the Federal Register on November 5, 2021.  The ETS requires companies with 100 or more employees to implement a mandatory COVID-19 vaccination policy or require unvaccinated employees to wear facial coverings in the workplace and undergo weekly COVID-19 testing. On November 6, 2021, the 5th Circuit…

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