Most states have issued some form of ‘shelter in place’ or ‘stay at home’ order to flatten the curve of COVID-19. As a result, many business operations have been temporarily suspended, unless the business is engaged in essential or critical infrastructure functions or supports businesses engaged in such functions.
For businesses that are considered ‘essential’ and have employees still reporting to work, what steps can employers take to keep their workplace healthy and safe?
How should US employers approach the Coronavirus? With rapid developments in local, state and federal guidance and law, the appropriate approach for each employer will vary depending on the nature of the work, industries served, location(s), size, amongst other considerations. We recently updated these FAQs to provide you with the latest developments and best practices for your business.
OSHA’s general duty clause now applies to workplace violence in healthcare Sec. of Labor v. Integra Health Mgmt., Inc., OSHRC Docket No. 13-1124 (March 2019), requiring healthcare employers to maintain workplaces “free from recognized hazards that are causing or likely to cause death or serious physical harm.”
Abigail M. Kagan authored a primer for healthcare employers on the clause. In an article originally published on Bloomberg Law, she discusses:
Reproduced with permission from Copyright 2019 The Bureau of National Affairs, Inc. (800-372-1033) www.bloombergindustry.com.
On October 11, 2016, the Occupational Safety and Health Administration published a final rule that establishes procedures and time frames for handling whistleblower complaints under the Affordable Care Act (ACA); for hearings before US Department of Labor (DOL) administrative law judges in ACA retaliation cases; review of those decisions by the DOL Administrative Review Board; and judicial review of final decisions.
Read the full article here.
On July 1, 2016, Occupational Safety and Health Administration (OSHA) increased the maximum penalties under the Occupational Safety and Health Act by about 78 percent to account for inflation. Acting under authority conferred by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Pub. L. 114-74, 701 (part of the Bipartisan Budget Act of 2015), OSHA published an interim final rule that will on August 1, 2016, increase penalties for OSHA violations as follows:
Other-than-serious violations: From $7,000 to $12,471
Serious violations: From $7,000 to $12,471
Repeated violations: From $70,000 to $124,709
Willful violations
minimum: From $5,000 to $8,908
maximum: From $70,000 to $124,709
Failure to abate: From $7,000 per day to $12,471 per day
Penalties under the Federal Mine Safety and Health Act of 1977 were also changed to account for inflation, as follows:
The maximum penalty for most violations will now be $68,300.
The minimum penalty for unwarrantable failure violations under Section 104(d)(1) of the Mine Act will now be $2,277.
The minimum penalty for unwarrantable failure violations under Section 104(d)(2) of the Mine Act will now be $4,553.
The minimum and maximum penalties for failure to provide timely notification under Section 103(j) of the Mine Act will now be $5,692 and $68,300, respectively.
The maximum penalty for failure to abate will now be $7,399 per day.
The maximum penalty for flagrant violations will now be $250,433.
Questions about these changes should be directed to Art Sapper at +1 202 756 8246.
by Heather Egan Sussman, Arthur G. Sapper and Bethany K. Hatef
During the holiday season, stress can run high. Holidays can bring less sleep, increased pressures and even family tension. This can affect the workplace and increase the risk of confrontation or even violence. The Occupational Safety and Health Administration (OSHA) recently issued its first guidance directive regarding how OSHA will enforce the Occupational Safety and Health Act against workplace violence hazards.
Over the past 15 years, OSHA notes, workplace violence has remained among the top four causes of occupational death. According to the Bureau of Labor Statistics, workplace homicide was responsible for more than 3,000 occupational deaths between 2006-2010.
The directive defines “workplace violence” as “violent acts (including physical assaults and threats of assaults) directed toward persons at work or on duty.” OSHA states that it will inspect workplaces based on whether there are known risk factors for workplace violence. OSHA will focus on industries with high rates of workplace violence, particularly the healthcare and social services industries and late-night retail establishments.
Although OSHA has no regulations on workplace violence, OSHA may cite employers for workplace violence hazards under the general duty clause [Section 5(a)(1) of the Occupational Safety and Health Act], and will require employers to consider workplace violence when complying with OSHA regulations governing the availability of medical services and first aid, and in writing emergency action plans.
As a result, employers, particularly those in high-risk industries, should ensure that they have a strong written workplace violence prevention program that includes training on violence prevention, and periodic auditing of measures designed to detect and prevent workplace violence.
To mitigate the risk of violence in your workplace, consider these tips:
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