OSHA Provides Guidance on Reporting Injuries from Violent Acts at the Workplace

Kollman & Saucier
Kollman & Saucier
08/20/2023
The Occupational Safety and Health Administration (OSHA) released an interpretation letter that addresses when employers are required by OSHA rules to list injuries, illnesses, and deaths caused by violent acts at work on their OSHA logs.  Under OSHA standards, employers are required to keep a record of serious work-related injuries and illnesses.  29 C.F.R. 1904.5(a) provides that an injury or illness must be considered work-related if any event...
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OSHA Institutes New Emphasis Program on Fall Prevention and Protection

Kollman & Saucier
Kollman & Saucier
05/11/2023
It is no doubt that the construction industry can be a dangerous place to work.  Masons, steel erectors, electricians, and other laborers work diligently and most of the time, safely, to meet critical contractual deadlines. Inevitably, accidents happen.  Improper trenching or excavation, improper storage of materials, or similar missteps can result in serious injuries or even death.  Recently, the Occupational Safety and Health Administration...
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OSHA Announces Withdrawal of Large Employer Vaccination and Testing ETS

Kollman & Saucier
Kollman & Saucier
01/27/2022
As our Garrett Wozniak wrote on January 13, 2022, the United States Supreme Court stayed implementation of the Occupational Safety and Health Administration’s (“OSHA”) vaccination or test Emergency Temporary Standard (“ETS”)  for large employers (100 or more employees).  The stay effectively ended the ability for OSHA to implement this ETS, as the Supreme Court ruled that the stay would remain in effect following a final decision from...
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Supreme Court Blocks OSHA ETS Requiring Vaccination or Testing

Kollman & Saucier
Kollman & Saucier
01/13/2022
The Supreme Court today issued a stay blocking the Biden Administration’s COVID-19 vaccination or test rule for employers with 100 or more employees.  NFIB v. OSHA, Nos. 21A244 and 21A247 (Jan. 13, 2022).  The majority found that those challenging the  Emergency Temporary Standard ("ETS")  “are likely to succeed on the merits of their claim that the Secretary [of Labor] lacked authority to impose the mandate.” In its, 6-3 per curiam...
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What to Do When OSHA Comes Knocking

Kollman & Saucier
Kollman & Saucier
11/28/2021
In the effort to avoid writing yet another blog entry on COVID-19 related material, I am writing to inform our readers what they should do if an investigator from  the Occupational Safety and Health Administration (OSHA) appears on at a jobsite. As you likely know, OSHA recently released a rule mandating that employers of 100 or more employees require all employees to be vaccinated against COVID-19 or subject to weekly testing.  We blogged about...
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OSHA Emergency Temporary Standard and Bargaining Obligation

Kollman & Saucier
Kollman & Saucier
11/11/2021
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS).  Our summary of the ETS is available here.  On November 6, the Fifth Circuit Court of Appeals stayed the ETS pending further action.  Other challenges to the law have been filed in other federal appellate courts and other suits -- those saying that the ETS does not do enough --...
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OSHA's Rule Mandating Vaccination Against COVID-19 Goes Into Effect Friday, November 5, 2021

Kollman & Saucier
Kollman & Saucier
11/04/2021
The Occupational Safety and Health Administration (OSHA) has mandated, for the first time ever, a vaccination in the workplace.  For any employer with 100 or more employees company-wide, all employees must be vaccinated against COVID-19 or subject to weekly testing.  For any state that has its own work safety agency, they will have thirty (30) days to implement the federal OSHA standard or their own mandate that is at least as protective as...
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Biden's New COVID-19 Action Plan: What Does It Mean for Employers?

Kollman & Saucier
Kollman & Saucier
09/10/2021
Yesterday evening, President Biden announced a new action plan to fight the spread of COVID-19 and battle back yet another surge sparked by the delta variant.  The national strategy calls on both public and private sector employers to take steps get the unvaccinated vaccinated by mandating vaccines for employees and offering other protections for workers. As part of the plan, all employers with 100 or more employees will need to ensure that workers...
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Is An Employee's Adverse Reaction To The COVID-19 Vaccine A Recordable Event For OSHA Purposes?

Kollman & Saucier
Kollman & Saucier
05/21/2021
You know the typical lawyer answer... "it depends."  Vaccines are much more widely available and more and more employees are able to get vaccinated.  This also means more individuals may find themselves experiencing those adverse reactions (especially after that notorious second dose) that are causing missed work.  OSHA has issued updated guidance on when such reactions should be treated as recordable events in accordance with its requirements of...
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Maryland General Assembly Passes the Maryland Essential Workers’ Protection Act, Bill Currently Awaits Governor Hogan’s Action

Last week, the Maryland General Assembly passed the Maryland Essential Workers’ Protection Act (“EWPA”) (HB 581).  The EWPA, formally titled Labor and Employment – Employment Standards During an Emergency (Maryland Essential Workers’ Protection Act) was passed as emergency legislation and will take effect on the date it is signed by the governor (or the date any veto is overridden, if applicable).   The EWPA solidifies how an essential...
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