Category: OSHA
BREAKING: The Supreme Court Blocks OSHA COVID Vaccine/Testing Rule (NFIB v. OSHA) and Allows the Healthcare (Medicare/Medicaid) Vaccine Rule (Biden v. Missouri) to Take Effect
In NFIB v. OSHA , the Court focused its decision on OSHA’s emergency temporary standards which require the Secretary to show (1) “that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and (2) that...
Breaking: OSHA Releases Emergency Temporary Standard for Employers with 100 or More Employees
IMPORTANT UPDATE- 11-11-21 The federal court of appeals for the Fifth Circuit has suspended OSHA’s Temporary Emergency Standard in response to a lawsuit filed last Friday by a number of Plaintiffs, which included the States of Texas, Louisiana, Mississippi, South Carolina, and Utah. The Court cited “grave statutory and...
Federal Vaccine Mandates – What We Know and What We Don’t
On September 9, President Biden announced plans to require that federal workers, federal contractors, and employees of employers with 100 or more employees are vaccinated or tested weekly for COVID-19. The Occupational Safety and Health Administration and the Safer Federal Workforce Task Force have been tasked with drafting regulations...
OSHA Issues Emergency Temporary Standard for Healthcare Settings
Earlier today (June 10, 2021), OSHA issued COVID-19 Emergency Temporary Standard (ETS) Subpart U applicable to healthcare settings. While OSHA has indicated that future guidance may be provided for other industries, today’s guidance is limited to the healthcare setting. The first question: Does the ETS apply to your organization...
OSHA Publishes Return-to-Work Guidance; Reminder to be Mindful of Employee Medical Record Retention
OSHA has published Guidance on Returning to Work to assist employers in understanding their obligations under OSHA as they continue the process of re-opening and returning employees to work. Employers should review this document in conjunction with state and local regulations concerning re-opening, as well as the CDC Guidance...
To Test or Not to Test: Employer Considerations Amid COVID-19 Pandemic
Q: I am concerned about employees coming to work with a fever—can I test employees’ temperatures before allowing them to work to avoid spreading the coronavirus? Verrill’s View: Maybe—but there are many factors to consider. Generally, taking an employee’s temperature would be a restricted medical examination, but employers may...
The Coronavirus: FAQs for Employers
We’ve been here before. Remember the H1N1 outbreak of 2009? That little bug originated outside of Mexico City. As the virus spread, governments issued travel warnings and schools were on notice to be extra vigilant. There was even a quarantined cruise ship and a run on surgical masks. Sound...
This Week's Show: Top 5 OSHA Mistakes Employers Make
On Saturday, February 8, Tawny interviewed Mat Todaro, Partner in Verrill's Environmental & Land Use Practice Group, for this segment of HR Power Hour. For this episode, Mat details the top 5 OSHA mistakes that employers typically make. Mat works closely with clients in many areas, including assisting them...
Times are Changing: Verrill Dana Hosts Full-Day Conference, 2019 Annual Employment Law Update
After a year full of changes for employers paired with a new governor in Maine, Verrill Dana will reflect on recent legal developments in labor and employment law and what the new year might bring during its 2019 Annual Employment Law Update. The full-day conference will take place on...
On The Twelfth Day of HR, Verrill Dana Gave to Me…
…a stocking full of tip summaries! After a very musical few weeks, we've arrived at the final installment of our 12 Days of HR series. We hope that you've enjoyed singing along with us on our holiday-themed journey through various employment law issues—and learned a few things along the...
12 Days of HR: Stay in Compliance with OSHA When Your Employees Are Working in a Winter Wonderland
The Occupational Safety and Health Act of 1970 was passed to prevent workers from being seriously harmed at work. Although OSHA compliance should be on your mind all year, the winter season brings with it additional regulations that might affect your workplace. For example, if your workplace installs special...
The Walking Dead Producer Walks into Serious OSHA Fines after Death on Set
The company that produces The Walking Dead television series was recently fined $12,675.00 after an OSHA investigation following the fatal July 12, 2017 fall of stuntman John Bernecker. Specifically, Mr. Bernecker fell approximately 20 feet onto a concrete floor, resulting in his death, while performing a stunt. OSHA relied...
Full-Day Conference to Address Labor & Employment Changes from the New Administration
The first year of the Trump administration has brought significant changes – many of which directly affect employers. On Thursday, January 25, Verrill Dana will host a full-day Annual Employment Law Update at The Westin Harborview Hotel to explore these changes and how to address them. "Employers need practical...
Full-Day Conference to Address Labor & Employment Changes from the New Administration
The first year of the Trump administration has brought significant changes – many of which directly affect employers. On Thursday, January 25, Verrill Dana will host a full-day Annual Employment Law Update at The Westin Harborview Hotel to explore these changes and how to address them. "Employers need practical...
Letters from the Workers' Compensation Trenches
I am just back from an invigorating seminar put on by the national group to which we belong as the sole Maine member, the National Workers' Compensation Defense Network and want to share some highlights. This year's seminar, held in Chicago on September 22, included presentations on lots of...
Zika in the Workplace: Best Practices for Not Getting Bit with Liability
There are things we all need to know about Zika: 1) it is spread mostly by an infected Aedes species mosquito; 2) it can be passed from a pregnant woman to her fetus; 3) there is no vaccine or medicine for Zika; and 4) confirmed cases of the Zika...
Feds Figure Out How to Make Workplace Safety a Profit Center – But Not For The Employers
Just in case you missed our earlier post, effective August 1, the Department of Labor issued a new rule implementing significantly higher penalties upon employers for Occupational Safety and Health Act violations. After August 1, the new penalty rates will be effective for any violations which occurred after November...
OSHA Ignites Firework of a Penalty Hike Prior to Independence Day
Late last week, while everyone was focused on the summer holiday, the Department of Labor announced that pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvement Act, OSHA's maximum penalties, which have not been raised since 1990, will increase by 78 percent. This will increase the "serious", "other-than-serious"...
Dude, I Think He’s High…Can I Fire Him?
Oftentimes clients ask, "When we think an employee is high, can we fire him?" My answer is consistently the same, "That depends." It depends on a whole host of factors, what state do you live in, what industry do you work in, why do you think he's high, but...
Employers Should Use Fall Protection When Maneuvering Around Eleventh Circuit’s OSHA Supervisor Liability Standard
Last week, the Eleventh Circuit Court of Appeals affirmed an Occupational Safety and Health Review Commission holding that an employer was liable for an incident involving a supervisor working beside an employee who was seen not using fall protection. In Quinlan Enterprises v. DOL the question before the court...
