California Sets New Standards for Silicosis in Construction Industry
The California Occupational Safety and Health Standards Board (Cal/OSHA) recently adopted a new Emergency Temporary Standard (ETS) aimed at protecting workers in the engineered stone industry from silicosis, a serious and sometimes fatal lung disease. The ETS stems from a February 2023 petition that urged the regulatory agency to adopt an emergency standard to protect workers in the engineered stone fabrication industry from exposure to respirable crystalline silica (RCS).
While the ETS generally applies to all California employers, it targets employers in the engineered stone industry, an ind
OSHA Citation Changes: “Instance-by-Instance”
In order to save lives and target “employers who repeatedly choose to put profits before their employees’ safety, health and wellbeing[,]” the Department of Labor recently announced that OSHA Regional Administrators and Area Office Directors now have the authority to cite certain types of violations as “instance-by-instance citations“. These citations apply to cases where the Agency identifies “high-gravity” serious violations of OSHA standards specific to certain conditions. Those conditions might include lockout/tagout, machine guarding, permit-required con
Proposed Changes to Reporting Injuries
On March 28, 2022, OSHA issued a press release notifying the public that OSHA is proposing significant changes to its injury reporting protocol. These changes impact the occupational and recordkeeping requirements found in 29 CFR 1904.41.
OSHA recently posted the notice of the proposed changes on its website, seeking public comment. The highlights of some of the proposed changes include:
Require establishments with 100 or more employees in certain high-hazard industries to electronically submit information from their OSHA Forms 300, 301 and 300A once a year.
Update the system used to d
Supreme Court Stays Vaccine Mandate for Large Employers
On January 13, 2022, the United States Supreme Court stayed the vaccine mandate requiring all employers with 100 or more employees to ensure that their employees are vaccinated against COVID-19. The highly anticipated ruling came after the Fifth Circuit Court of Appeals stayed enforcement of the mandate and the Sixth Circuit Court of Appeals then lifted the stay, requiring so-called “large” employers to comply with the mandate or face significant penalties. The Supreme Court’s opinion continued the stay, eviscerating the mandate.
The Supreme Court found that the Department of Labor
Osha Vaccine Mandate for Employers With More Than 100 Employees
On November 5, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued Emergency Temporary Standards (ETS) mandating that employers with 100 or more employees ensure each of their workers is fully vaccinated or tests for COVID-19 on at least a weekly basis (every 7 days). The ETS requires compliance by January 4, 2022 with important disclosures required in early December 2021. Notably, the United States Court of Appeals for the Fifth Circuit issued an order over the weekend staying the ETS until further briefing is submitted and arguments heard.
The ETS
