OSHA issues emergency temporary standard to protect workers from coronavirus

The U.S. Department of Labor's Occupational Safety and Health Administration today announced a new emergency temporary standard [ETS] to protect more than 84 million workers from the spread of the coronavirus on the job. The ETS shifts payment responsibility for testing to workers which will impact risk costs for employers and may conflict with some Workers’ Compensation laws and the efficient administration of benefits.

OSHA cites insurance agency for exposing workers to coronavirus

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the exact Denver location where an employee died with COVID-19.

OSHA issues updated guidance on protecting unvaccinated and other at-risk workers from the coronavirus

U.S. Department of Labor's Occupational Safety and Health Administration today issued updated guidance to help employers protect workers from the coronavirus. The updated guidance reflects developments in science and data, including the Centers for Disease Control and Prevention's updated COVID-19 guidance issued July 27.

OSHA Cites Dental Practice for Coronavirus Retaliation

The U.S. Department of Labor has taken legal action against two North Texas dentists on behalf of a dental hygienist and a dental assistant who were not reinstated after expressing concerns about what coronavirus safety measures would be in place when the practice reopened in spring 2020.

Annual respirator fit-testing again required by OSHA

On July 7, 2021, the US Occupational Safety and Health Administration issues an Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) regarding enforcement discretion for periodic respiratory protection equipment shortages and associated constraints (i.e., fit-testing supplies and provision of related services) during the COVID-19 pandemic. 

OSHA Finally Acts: Is It Too Little and Too Late?

Today OSHA released a COVID Emergency Temporary Standard [ETS] for health care workers and guidance for workers, not in a health care setting. OSHA’s action comes about a year and a half after the COVID-19 Pandemic began and when over half of the nation’s workforce has already the protection of received an initial vaccination.

OSHA cites 6 contractors for exposing workers to falls

Six contractors constructing luxury single-family homes at the future site of Hawthorne Estates in Medford put workers at risk of serious or fatal injuries by failing to comply with federal requirements to prevent falls, the leading cause of death in the construction industry.

After multiple on-site investigations, the U.S. Department of Labor’s Occupational Safety and Health Administration cited the companies for exposing workers to falls and other dangerous safety hazards while erecting walls and sheathing roofs.

OSHA initiated three of the inspections as part of its Regional Emphasis Program on Falls in Construction. During the first on Oct. 20, 2020, the compliance officer observed workers exposed to falls and other hazards. Inspectors observed the same hazards during a second inspection two days later, prompting the third inspection on Oct. 31.

After the three inspections, OSHA proposed total penalties of $244,397 and cited the companies collectively for four willful and 35 serious violations, including exposing workers to falls greater than 6 feet and not providing personal protective equipment. The companies, citations and proposed penalties are:

Company Name	City	State	Citations	Proposed Penalty
Claudio DeSousa, operating as Lifetime Contractor Corp.	Philadelphia	PA	2 willful 14 serious	$107,279
Lezinho Sousa, operating as Lifetime Contractor Corp.	Pennsauken	NJ	2 willful 9 serious	$87,381
WSJ Construction	Asbury Park	NJ	3 serious	$16,383
Gustavo Quintomillno, operating as Lifetime Contractor Corp.	Beverly	NJ	4 serious	$12,874
LWJ Construction LLC	Long Branch	NJ	3 serious	$12,288
RMM Contractor LLC	Long Branch	NJ	2 serious	$8,192

"A fall can permanently alter or end a worker’s life in a matter of seconds," said OSHA Area Director Paula Dixon-Roderick in Marlton, New Jersey. "Contractors and subcontractors in the construction industry have a legal obligation to comply with the law and ensure their workers end their shifts safely. When employers fail to follow requirements, OSHA will hold them responsible to the fullest extent of the law.”

OSHA encourages employers to use its Stop Falls online resources, including detailed information on fall protection standards in English and Spanish. The site offers fact sheets, posters and videos that illustrate various fall hazards and appropriate preventive measures.

The companies have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. 

OSHA: ETS and COVID-19 - CRS issues an updated report April 2021

The Occupational Safety and Health Administration (OSHA) does not currently have a specific standard that protects health care or other workers from airborne or aerosol transmission of disease or diseases transmitted by airborne droplets. 

OSHA cites New Jersey frozen dessert manufacturer after second amputation injury on same machine

Despite two severe amputation injuries in 2018 and 2020 on the same machine at a Lakewood ice cream manufacturing plant, a recent federal safety and health inspection found the company continues to ignore protocols designed to prevent other workers from suffering similar injuries.

OSHA Launches Program To Protect High-Risk Workers From Coronavirus, Focuses On Employers That Retaliate Against Workers With Safety Concerns

In response to President Biden’s executive order on protecting worker health and safety, the U.S. Department of Labor’s Occupational Safety and Health Administration has launched a national emphasis program focusing enforcement efforts on companies that put the largest number of workers at serious risk of contracting the coronavirus. The program also prioritizes employers that retaliate against workers for complaints about unsafe or unhealthy conditions, or for exercising other rights protected by federal law. 

OSHA fined an Ohio company following a partial arm amputation

While cleaning an auger used to rice potatoes, a 39-year-old production worker found her left arm caught in a running auger. The worker suffered multiple lacerations and the partial amputation of her arm. Co-workers had to cut the auger apart to free her arm.

DOL Inspector General Issues Report on OSHA’s COVID-19 Inaction

The US Department of Labor Office of Inspection General (OIG) reported that a study of OSHA’s actions during the COVID-19 Pandemic put workers’ safety at risk.

WHY OIG CONDUCTED THE AUDIT 

The COVID-19 pandemic has raised specific concerns about the health and safety of workers and the measures OSHA has taken to ensure employers are mitigating employees’ risk of exposure to the virus at workplaces.

  

Due to the pandemic, OSHA has received a surge of complaints in a matter of months, while garnering the attention of Congress, labor unions, and media with requests to act swiftly on behalf of the 130 million workers at more than 8 million worksites nationwide whom OSHA is responsible for protecting. 

WHAT OIG DID 

We conducted this audit to answer the following question:

 

What plans and guidance has OSHA developed to address challenges created by COVID-19, and to what extent have these challenges affected OSHA’s ability to protect the safety of workers and its workforce? 

To answer this question, we reviewed guidance, public laws, and state standards; conducted interviews; and researched complaint and enforcement data. 

READ THE FULL REPORT 

https://www.oig.dol.gov/public/reports/oa/2021/19-21-003-10-105.pdf

OSHA has taken a series of actions to address its challenges and has issued guidance in response to the pandemic. However, increased complaints, reduced inspections, and most inspections not being conducted onsite subject employees to greater safety risk. 

Since the start of the pandemic, OSHA has received a sudden influx of complaints, and as a means of reducing person-to-person contact, has reduced the number of its inspections, particularly onsite inspections. Compared to a similar period in 2019, OSHA received 

15 percent more complaints in 2020, but performed 50 percent fewer inspections. As a result, there is an increased risk that OSHA is not providing the level of protection that workers need at various job sites. During the pandemic, OSHA issued 295 violations for 176 COVID-19 related inspections, while 1,679 violations for 756 COVID-19 related inspections were issued under State Plans. 

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Is the workers' compensation system ready for the 2019-nCoV [coronavirus] virus? Live Updates

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Blog: Workers ' Compensation

Twitter: jongelman

LinkedIn: JonGelman

LinkedIn Group: Injured Workers Law & Advocacy Group

Author: "Workers' Compensation Law" Thomson-Reuters

National COVID-19 Aerosol Workplace Standard Urged

Leading public health and workplace safety experts have urged the Biden Administration to invoke immediate measures to reduce the aerosol spread based COVID-19 virus. In a letter to the national pandemic response team leaders, the experts have stated that urgent action is needed on a national scale.

OSHA issues proposes rule to update hazard communication standard

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) today issued a proposed rule to update the agency’s Hazard Communication Standard (HCS) to align with the seventh revision of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

OSHA Issues Biden-Harris Administration Guidance to Protect Workers from COVID-19

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OSHA: Executive Order on Protecting Worker Health and Safety

Within hours of his inauguration, President Biden moved swiftly to direct the Occupational Safety and Health Administration (OSHA) to promulgate an emergency standard to protect workers from COVID-19. The President signed an Executive Order on Protecting Worker Health and Safety on January 21, 2021.

OSHA Temporary Emergency COVID Standard on the Horizon

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Protecting Workers During the Pandemic

Workplace safety is a significant issue in the waning days of the Trump Administration as Congress struggles to pass legislation before the end of the calendar year when CARES Act support terminates for many American workers. As the winter/holiday season coronavirus surge challenges hospital capacity and causing additional closure of non-essential jobs, the Republicans remain adamant about restricting lawsuits against employers.

Former Head of OSHA to Join Biden-Harris Transition Team

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The Biden Plan to Strengthen Safety in the Workplace Anticipated

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