In a matter of first impression, the Court of Appeals for the Third Circuit recently confirmed that the Occupational Safety and Health Act of 1970 (OSH Act) mandates the dismissal of an employee’s action against the Secretary of Labor once the Department of Labor has completed its standard enforcement proceedings.
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Third Circuit: No OSHA Investigation? No OSHA Litigation Posted on: February 13, 2023 In: Labor & Employment
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Federal OSHA Issues Emergency Temporary Standards for Healthcare Industry Posted on: June 24, 2021 In: COVID-19 Response
On January 21, 2021, President Biden issued an Executive Order, which declared that ensuring the health and safety of workers is a national priority and a moral imperative. The order directed the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the workplace. On June 10, 2021, finding existing regulations inadequate, OSHA issued an emergency temporary standard (ETS) to address specifically workers in the healthcare industry.
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What Labor & Employment Changes to Expect Under The Biden Administration Posted on: March 01, 2021 In: Labor & Employment
Throughout his campaign and first weeks in the White House, President Biden has laid out plans to promote an ambitious labor and employment agenda during his administration. We expect President Biden’s agenda to continue to be crafted though his issuance and repeal of Executive Orders, and will further advanced through the his cabinet picks and agency appointees. This post includes a top-level summary of key labor and employment changes from the Biden Administration that we are following.
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Domestic Workers in California Will Not Receive OSHA Protections Posted on: October 14, 2020 In: Labor & Employment
Last month, California Governor Gavin Newsom vetoed Senate Bill 1257, which had been passed by the California legislature to provide protections to household domestic service workers. The bill sought to delete the household domestic services exception to Labor Code section 6303, which requires employers to comply with California Division of Occupational Safety and Health Act (Cal/OSHA) standards for working conditions.
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When OSHA Knocks On Your Door: An Employer’s Guide to Workplace Inspections Posted on: August 25, 2020 In: COVID-19 Response
Since the pandemic started, there have been over 31,000 COVID-19-related complaints to federal and state OSHA offices. OSHA has a number of ways to investigate these complaints, including written inquiries, document requests, and inspections. An OSHA inspection can sometimes be quite intimidating for employers. Therefore, employers should know their rights before OSHA shows up for an inspection. Seven key elements of OSHA inspections, along with employers’ corresponding rights, are described in this post.
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