US Department Of Labor Announces Proposals To Rescind Two Rules That Undermine Worker Protections Against Unfair Pay Practices

The U.S. Department of Labor today announced proposals to rescind two final rules that would significantly weaken protections afforded to American workers under the Fair Labor Standards Act.

Novavax Confirms High Levels of Efficacy Against Original and Variant COVID-19 Strains in United Kingdom and South Africa Trials

-100% protection against severe disease
-Final analysis in U.K. trial confirms 96% efficacy against original strain of COVID-19
-Efficacy against variants confirmed in U.K. and South Africa

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. 

 Related Articles

OSHA: Executive Order on Protecting Worker Health and Safety 1/23/21

National Strategy for The COVID-19 Response and Pandemic Preparedness 1/22/21

More than half of COVID-19 health care workers at risk for mental health problems 1/20/21

Disability for Post-Acute Sequelae of COVID-19 1/1/21

OSHA Temporary Emergency COVID Standard on the Horizon 12/29/20

Vaccine Recommendations: Essential Workers and Seniors12/20/2020

The major phases of COVID-19 12/20/2020

Major increase in work-related deaths reported 12/16/2020

NCCI Reports: NJ Among the Top States with COVID-19 Workers' Compensation Claims 12/09/2020

Trust Through Transparency 12/07/2020

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

….

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

Supplement Benefit Bill for Surviving Dependents of Essential Coronavirus Workers Passed by NJ Legislature

The NJ Legislature has now passed S2476. It provides supplemental benefit payments to the dependents of essential employees who died in the course of employment due to the contraction of coronavirus disease 2019. 

Congressional Leaders Push CDC and OSHA to Address Aerosol Transmission of COVID-19

Congressional leaders wrote a letter to the Biden administration urging the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) to update ventilation and respiratory protection guidance and standards to address aerosol transmission of the COVID-19 virus.