OSHA Issues Proposed Rulemaking Allowing Nonemployees into Workplaces

On August 29, the Occupational Safety and Health Administration issued its new notice of proposed rulemaking on its process for employees to designate a worker walkaround representative. The proposal allows employees to authorize third parties, including labor unions or community organizers, to accompany an OSHA Compliance Safety and Health Officer during a facility inspection when they are “reasonably…

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OSHA Announces Targeted Regulatory Activity for 2023

On January 4, 2023, the Biden administration issued its Fall 2022 Regulatory Agenda, in which each federal agency announces its planned regulatory activity for the upcoming year. OSHA included several rulemakings CWS has been following and opposing, as well as two new items that are deeply concerning. Heat Illness Prevention in Outdoor and Indoor Work…

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OSHA Initiates Enforcement Program on Form 300A Submissions

On April 5, OSHA announced it was initiating an enforcement program to identify “employers who failed to submit Form 300A data through the agency’s Injury Tracking Application.” The program will match newly opened inspections against a list of potential entities that did not submit their required Form 300A data and report any matches to the…

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OSHA Officially Withdraws ETS

On January 25, 2022, the Occupational Safety and Health Administration (OSHA) officially withdrew its COVID-19 Vaccination and Testing Emergency Temporary Standard following the Supreme Court issuing its stay of the rule. The ETS therefore will not go into effect.

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OSHA ETS Stayed by Supreme Court

On January 13, the Supreme Court stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard, halting implementation of the rule nationwide. The  6-3 decision temporarily stays the rule pending the outcome of a decision on the merits by the Sixth Circuit and any subsequent petition for review of that…

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OSHA Issues COVID-19 Emergency Temporary Standard

On November 5, the Occupational Safety and Health Administration issued its COVID-19 Vaccination and Testing Emergency Temporary Standard. The ETS applies to private sector employers with 100 or more employees throughout their company. The ETS requires employers to: develop, implement, and enforce mandatory COVID-19 vaccination policies or vaccination-or-testing policies; determine and keep a roster of…

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OSHA Announces Enforcement, Rulemaking on Heat-Related Hazards

On September 20, OSHA announced its new enforcement initiative to combat the hazards associated with extreme heat exposure both indoors and outdoors. OSHA is also developing a National Emphasis Program on heat inspections targeting high-risk industries and launching a rulemaking process to develop a workplace heat standard. An Advanced Notice of Proposed Rulemaking on heat injury and…

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