Labor and Employment Law Blog

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

COVID-19 & OSHA: Taking the Body Temperatures of Employees

The Equal Employment Opportunity Commission (“EEOC”) recently issued guidance giving employers the green light to take employees’ body temperatures in an effort to mitigate the spread of COVID-19 in the workplace. Should an employer decide to implement such measures, there are possible implications under the Occupational Safety and Health Act that employers should keep in mind. Click here […]

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AE
Former Associate

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
JY
JW
CK
AE
Former Associate
KB

OSHA-Reportable Injuries: Not All Employee Hospitalizations Are Created Equal

When it comes to OSHA-reportable fatalities and injuries, there are some important exceptions in the regulation that employers should be aware of. An OSHA-reportable in-patient hospitalization is limited to a formal, in-patient admission to a hospital or clinic for care or treatment. However, the regulation explicitly exempts in-patient hospitalizations that involve mere observation or diagnostic […]

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AE
Former Associate

OMB Blocks EEOC’s Pay Reporting Requirements

Last Tuesday, the Office of Management and Budget (OMB) halted the Equal Employment Opportunity Commission’s collection of pay data from employer information reports, called EEO-1s. See here. The EEOC finalized the rule related to pay data collection in September 2016 in an attempt to gather information about what the EEOC believes to be pay discrimination that […]

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AE
Former Associate
JY
JW

Occupational Opaqueness: The Uncertain Future of OSHA Regulation and the Electronic Recordkeeping and Reporting Rule

The Occupational Safety and Health Administration (OSHA) is still without an agency head six months into the presidency of Donald Trump. As such, the future of OSHA is unclear in light of the president’s promises of less government intervention and less regulation. Should these promises be implemented in the realm of occupational safety and health, […]

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AE
Former Associate