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While you are making 2023 New Year Resolutions, please resolve to record work related injuries timely and appropriately on the OSHA logs. If you are an employer with more than 10 employees and are otherwise required to keep a record of serious work-related injuries...
The Supreme Court of the United States rendered a 6-3 opinion enforcing the stay, in other words blocking, OSHA’s Emergency Temporary Standard (ETS) requiring employers of 100 or more employees to enforce a vaccine or test requirement in its entirety. The Court focused on OSHA’s authority to issue such a mandate. The Court found that the Occupational Health and Safety…
While we are waiting on the Supreme Court to rule on the OSHA Emergency Temporary Standard (ETS) regarding COVID-19 vaccinations, employers must comply with the majority of the OSHA ETS requirements as of this Monday, January 10, 2022. All parts of the OSHA ETS are in full effect, except for the testing requirement for unvaccinated individuals which does not go…
By: Carl Habekost, Esq. [email protected] There are misunderstandings about OSHA law, OSHA citations, the burden of proof, and other issues which often result in wasted time and resources. This article will highlight common misperceptions and discuss the correct understanding of these issues. 1. Serious Citations A “serious” citation does not mean serious in the ordinary sense of the word. The…
The following is a list of the top 10 most frequently cited standards following inspections of worksites by federal OSHA for Fiscal Year 2020 (Oct. 1, 2019, to Sept. 30, 2020). This list is updated and released annually. Fall Protection, construction (29 CFR 1926.501) Hazard Communication Standard, general industry (29 CFR 1910.1200) Respiratory Protection, general industry (29 CFR 1910.134) Scaffolding,…
By: Carl Habekost, Esq. [email protected] Individuals who contract the COVID-19 virus sometimes develop symptoms that last for months. Such individuals have been called “COVID-19 long haulers”. Safety and Human Resource professionals should be aware that COVID-19 long haulers may very well be covered under provisions of the Americans with Disabilities Act (ADA). The ADA defines “disability” generally to include:…
Have you considered what may happen if an employee is injured while working from home? Have you laid out clear instructions for your remote work employees in terms of hours, expectations, reporting procedures, etc.? Attorneys Carl Habekost & Robert Solt, IV...
Many employers view the COVID-19 vaccines as the key to safely bringing employees back to the workplace and ending the coronavirus pandemic. Employers are wondering if they can implement mandatory vaccination policies prior to permitting employees to return to the...
Since 2016, the U.S. Department of Labor (DOL) has increased OSHA penalties annually based on the annual percentage increase in the Consumer Price Index, after a 26 year increase hiatus. The DOL is required to adjust maximum OSHA penalties for inflation annually by the 15th of January. Accordingly, the maximum OSHA civil penalties for 2021 have been adjusted as follows,…
The Process Safety Management (PSM), Hazard Communication (HazCom) and Personal Protective Equipment (PPE) standards were implicated in a recent decision issued on December 31, 2020 by the Occupational Safety and Health Review Commission (OSHRC) in Secretary of Labor v Mansfield Industrial, Inc. The facts reveal that the employer, Mansfield Industrial, provides services at a plant in Freeport, Texas operated by…