Workplace Safety and Health News Alert

UMWA, <em>et al</em>. Seeks Issuance of Emergency Temporary Standard on COVID-19 from MSHA through Mandamus Action in the U.S. Court of Appeals for the D.C. Circuit

June 25, 2020

The United Mine Workers of America, International Union and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC filed a petition for a writ of mandamus on June 15, 2020, to require the Mine Safety and Health Administration (“MSHA”) to take action in response to COVID-19. Attachment 1  The petition invokes the…

APPEALS COURT AFFIRMS OSHA'S DECISION TO NOT ISSUE COVID-19 EMERGENCY TEMPORARY STANDARD

June 12, 2020

On Thursday, June 11, 2020, the D.C. Circuit Court of Appeals rejected a request by the American Federation of Labor and Congress of Industrial Organizations (“AFL-CIO”) to force the Occupational Safety and Health Administration (“OSHA”) to issue an “Emergency Temporary Standard” (“ETS”) in response to workplace safety concerns arising from the novel Coronavirus and COVID-19.

In March, the AFL-CIO…

MSHA PROGRAM POLICY LETTER ON ESCAPEWAYS AND REFUGES CANCELLED

May 28, 2020

On May 27, 2020, the Mine Safety and Health Administration (“MSHA”) unceremoniously canceled the Program Policy Letter (“PPL”) published on July 29, 2019, intended to clarify requirements in 30 C.F.R. § 57.11050.  https://www.govinfo.gov/content/pkg/FR-2020-05-27/pdf/2020-11300.pdf.  The stated intent of the PPL was to provided metal/nonmetal underground mine operators with guidance on placement of…

OSHA Issues COVID-19 Guidance for the Construction Industry

May 28, 2020

As part of its on-going program to provide guidance to various industries that are continuing to work through the Coronavirus pandemic, OSHA this week established a single-source webpage with coronavirus-related guidance for the construction industry. The guidance includes recommended actions for both employers and employees to reduce the risk of exposure to coronavirus at the jobsite.  

Throughout…

OSHA Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)

May 20, 2020

On Tuesday May 19, 2020, the Occupational Safety and Health Administration (OSHA) issued new enforcement guidance for areas of the country that have seen low or falling incidents of community spread of COVID-19. This guidance replaces the guidance OSHA issued in April which relaxed enforcement for certain kinds of reporting. Critically, this new guidance instructs inspectors to follow normal…

COVID-19 Mine Worker Protection Act Introduced in United States Senate

May 18, 2020

On May 14, 2020, Senator Joseph Manchin, III (D-WV), along with co-sponsors, Richard Durbin (D-IL), Timothy Kaine (D-VA), Shelley Moore Capito (R-WV), Douglas Jones (D-AL), Sherrod Brown (D-OH), Mark Warner (D-VA) and Robert Casey (D-PA), introduced a Bill to require the Secretary of Labor to promulgate Emergency Temporary Standards (“ETS”) within 7 days of passage to protect miners in coal or…

COVID-19 Hotspots in Industrial Settings and Employer Liability

April 29, 2020

Localized outbreaks of COVID-19 have plagued large industrial employers. A special focus has been placed on meat processing facilities, as plants across the country have become hotspots due to close quarters working conditions and allegations of insufficient responses by management in excluding ill workers and providing well workers with appropriate personal protective equipment (“PPE”). These…

Reopening Your Workplace - What OSHA and the CDC Recommends

April 28, 2020

States are beginning to plan ways to safely reopen their economies, and with that, businesses that closed due to the COVID-19 pandemic should plan how to reopen as well.  The Occupational Safety and Health Administration (“OSHA”) and Centers for Disease Control (“CDC”) have issued guidance and recommendations that should assist businesses in reopening.

OSHA’s Guidance

OSHA has issued guidance for…

Wrongful death lawsuit against Walmart highlights importance of employers staying abreast of and implementing the latest CDC and OSHA guidance.

April 21, 2020

In what has already become a minefield of potential employer liability related to the COVID-19 pandemic, the nation’s largest employer - Walmart - is facing a wrongful death suit following the death of one of its Chicago-area employees after the employee allegedly passed away from COVID-19 health complications. As with the virus itself, questions abound about the extent of employer liability for…

OSHA Issues Enforcement Guidance for COVID-19

April 17, 2020

OSHA issued a COVID-19 Interim Enforcement Response Plan to its area offices, state plan designees, and compliance safety and health officers instructing on the prioritization and response to workplace complaints related to COVID-19. Employers will find this latest guidance of interest in responding to and protecting employees from COVID-19 related health and safety concerns.

MSHA Quarterly Call April 2020

April 17, 2020

On April 16, 2020, MSHA held its (rescheduled) quarterly stakeholder call to address regulatory and enforcement updates across the industry. As with most other recent updates from government agencies, the MSHA call was dominated by conversations surrounding the agency’s response to and regulatory actions regarding the novel coronavirus or COVID-19. However, there were substantive updates on…

Reminder to All Employers

April 8, 2020

COVID-19 impacts business operations in ways that change daily: unemployment compensation, sick leave, and employee retention are a few of the areas receiving regular updates. 

Employers must also remember their obligations to employees who raise safety concerns, especially relating to the COVID-19 threat to health and safety. Employee safety initiatives have been focused on identifying and…