Labor and Employment Law Blog

A Roadmap to Reopening or Resuming Business in the Midst of a Pandemic

As businesses begin to contemplate reopening, what will be the expected norms for employees, vendors, customers, and visitors? Click here for more information.

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JL
Partner
CK
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Partner
DW
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Former Partner

Not All Face Masks Are Created Equal: What Employers Should Know Before Distributing Dust Masks or Respirators in the Workplace

Employers considering whether to distribute any type of face mask in the workplace should know the potential occupational safety and health implications. OSHA’s respiratory protection standard, 29 C.F.R. § 1910.134, governs employee use of dust masks and respirators. An employer’s obligations under the respiratory protection standard hinge on the type of face mask offered and whether […]

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AE
Former Associate
CK

OSHA Recordable and Reportable COVID-19 Illnesses

OSHA recently provided a reminder (through its website) to employers on recording of workplace exposures associated with COVID-19 (https://www.osha.gov/SLTC/covid-19/standards.html). The current pandemic does not alter the rules regarding recording contagious diseases. Click here for more information.

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CK
AE
Former Associate
KB

Practical Guidance for Employers Grappling With the Coronavirus Threat

This week, the World Health Organization upgraded the global risk of the new coronavirus (COVID-19) to “very high” with over 83,000 cases being confirmed, including dozens in the United States. Employers are grappling with how to address the practical and legal concerns that have been created by this outbreak. Click here to read a Legal Alert that […]

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DW
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CK
AE
Former Associate
KB

Winter Edition Of “Under Construction” Newsletter Published!

The winter edition of Snell & Wilmer’s “Under Construction” newsletter is out now. This issue takes a looks at: The importance of reviewing all of the contract documents or templates you may have to evaluate whether they need to be refreshed or overhauled. Legal accountability, construction accidents and OSHA. This article offers a few key questions […]

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OSHA Updates (Part 3) – Are You Entering Injuries on OSHA 300 Logs Within Seven Days?

In a recent Occupational Safety and Health Administration (“OSHA”) case, OSHA issued a serious, willful citation for an employer’s failure to log an employee injury on its OSHA 300 log within seven days. In this case, the employee was injured while operating a chainsaw. After being notified of the injury, OSHA eventually began its investigation. […]

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CK

OSHA Updates (Part 2) – OSHA Clarifies Position on Incentive Programs and Drug Testing

The Occupational Safety and Health Administration (“OSHA”) published its Final Rule on May 12, 2016 regarding safety incentive programs and post-incident drug testing. However, recently, OSHA published a clarification of its Final Rule on these two topics. OSHA’s main purpose in publishing this clarification memorandum is to ensure that employers know that OSHA does not […]

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CK

OSHA Updates (Part 1) – OSHA 300 Logs: Not Enough to Expand Inspection

In a recent Eleventh Circuit Court of Appeals decision, the Court found that the Occupational Safety and Health Administration (“OSHA”) 300 recordable injury and illness log does not, by itself, establish the existence of an OSHA violation in a workplace. In USA v. Mar-Jac Poultry, Inc., OSHA demanded to expand the scope of an injury-based […]

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CK

ADOSH Continues to Extend the Time Period for a Repeat Violation

When considering whether to admit to an ADOSH OSHA citation, keep in mind the changing time periods for a repeat citation. A repeat citation is issued when the employer has been cited previously for the same or substantially similar citation and that citation has become a final order.  Prior to January 2018, the statute of […]

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CK

ADOSH Finally Approves Federal OSHA Silica Standard

On September 23, 2017, Federal OSHA adopted the silica standard for the construction industry. The general industry aspect of the silica standard took effect on June 23, 2018. As a state plan state, Arizona has six months to adopt the Federal OSHA standard. However, review and approval of this standard had been delayed at the […]

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CK