The 12 Days of California Labor and Employment Series – Day 6 "It's All OSHA"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the sixth day of the holidays, my labor and employment attorney gave to me six geese a-laying and AB 2975, AB 1976, and SB 1350.

Workplace safety was at the forefront this year, and at the start of 2025, there will be multiple new additions to Occupational Safety and Health Administration (OSHA) regulations. More ›

The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections

On March 29, 2024, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule (Final Rule) amending regulations for workplace investigations. It clarifies that employees may authorize both employees and a non-exhaustive list of third-party non-employees to act as their representative and accompany OSHA Compliance Safety and Health Officers (CSHO) during physical workplace inspections. More ›

OSHA Announces Proposed Rule Change Expanding Authorized Employee Representation During Workplace Inspection to Include Union Officials and Other Non-Employees

On August 30, 2023, the U.S. Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking (NPRM) to amend its regulations regarding who employees may authorize to act as their representative and accompany the Compliance Safety and Health Officer (CSHO) during physical workplace inspections. Under the NPRM, the employees may designate an employee of the employer or a non-employee third party whose relevant experience with particular hazards or conditions or language skills are deemed reasonably necessary to conduct an effective and thorough inspection by the CSHO. Specifically, the NPRM clarifies that these non-employees may include interpreters, officials with advocacy groups or local safety counsels, and union representatives. More ›

Religious Exemptions to COVID-19 Vaccine Mandates Do Not Include Political, Social, Economic Beliefs, According to EEOC

On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS). It required employers of 100 or more employees to institute mandates requiring employees to be fully vaccinated against COVID-19—or require weekly testing of its employees. That same day, the Centers for Medicare & Medicaid Services (CMS) similarly issued an Interim Final Rule (IFR) requiring the workforces of Medicare- and Medicaid-certified providers and suppliers to be fully vaccinated against COVID-19 in order for Medicare and Medicaid facilities to continue participation in those programs. Many employers have also instituted COVID-19 vaccination mandates for their employees separate from OSHA’s ETS and CMS’s IFR. More ›

Florida Governor DeSantis Wants Florida Legislature to Pass Law Against Federal Vaccine Mandates

At a press conference on October 21, 2021, Florida Governor Ron DeSantis called on the Florida legislature to pass a law combating federal vaccine mandates. He also called on the legislature to hold a special legislative session to pass such a law, instead of waiting until the legislature resumes its normal session next year. Governor DeSantis believes legislation is necessary because an executive order against employer vaccine mandates may not be sufficient. More ›

Reacting to COVID-19 Delta Variant Outbreaks, OSHA Issues Updated Guidance

The Occupational Safety Health Administration (OSHA) issued updated guidance on August 13, 2021, to assist employers in protecting workers who are unvaccinated or otherwise at risk of contracting the virus. The guidance consists primarily of recommendations and seeks to align its approach with guidance issued by the Centers for Disease Control (CDC). CDC and OSHA guidance interact, but Employers have a specific legal obligation under OSHA to provide a safe and healthy workplace free from recognized hazards that are likely to cause death or serious physical harm. More ›

OSHA Updates its Employer Guidance on COVID-19-Related Fatality Reporting

On September 30, 2020, the Occupational Safety and Health Administration (OSHA) updated its answers to frequently asked questions regarding an employer's obligation to report a COVID-19-related fatality if it occurs within 30 days of the work-related incident. Notably, according to OSHA, an "incident" includes exposure to COVID-19 in the workplace. In order for a fatality to be reportable it must occur within 30 days of the exposure at work, and an employer must report the fatality to OSHA within eight hours. The time clock for the reporting obligation commences within eight hours of the employer knowing that the employee has died and that the cause of death was work-related. More ›

As COVID-19 Cases Increase, States Adopt Workplace Standards and Emergency Ordinances

With over 40 states showing a significant increase in the number of COVID-19 cases, the novel coronavirus remains top of mind for employers throughout the U.S. Numerous state and federal measures have been—and continue to be—enacted in response to the pandemic. We explore some of these recent policies and their impact on employers below. More ›

CDC Guidance Establishes the Bar for Workplace Safety and OSH Act Compliance Related to COVID-19

Throughout the COVID-19 pandemic, employers have had to keep abreast of evolving or incomplete government guidance, all while trying to discern for themselves the most prudent way to handle employee leaves, pay, workload, and safety.

The Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control (CDC) have now worked together to produce a "Guidance on Preparing Workplaces for COVID-19." This guidance is explicitly "advisory in nature" and "informational in content," and "not a standard or a regulation." Nevertheless, the guidance provides helpful information about how the agencies view the methodology of COVID-19 transmission, exposure risks and classifying worker exposure, and what to do to protect workers. The U.S. Department of Labor (DOL) provided similar advice in an April workplace poster. Efforts addressed include personal protective equipment (PPE), engineering controls (e.g. barriers), and administrative controls (e.g. monitoring, training, flexible hours, or telework). More ›

Lessons From Smithfield Pork Packing Plant Lawsuit: Could OSHA Preempt Worker Retaliation Claims Concerning Employer COVID-19 Safety Measures?

In a workplace safety whistleblower lawsuit recently filed in the U.S. District Court for the Middle District of Florida, an air conditioning technician claims he was fired by his employer, HT Airsystems of Florida, LLC, in retaliation for complaining about purported overtime violations and for raising concerns about a lack of personal protective equipment (PPE), which would be a violation of the Fair Labor Standards Act (FLSA), and Florida's Private Whistleblower Act (FWA). More ›