OSHA & VOSH Regulatory Compliance
OSHA Pursues A Different COVID Strategy
Effective January 26, 2022, the Occupational Safety and Health Administration (OSHA) has withdrawn its Emergency Temporary Standard (ETS) that would have required employers with 100 or more employees to ensure that their employees were vaccinated against COVID-19 or undergo weekly COVID-19 testing. OSHA’s decision to scrap the ETS follows the United States Supreme Court’s January 13, 2022 decision that halted OSHA’s enforcement of the ETS ...
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Court Extends Order Blocking Vaccine and Testing Requirement for Private Employers
On Friday, November 12, a federal appeals court extended its November 6 order temporarily staying (or suspending) the enforcement of OSHA’s new rules that require that employers with 100 or more employees ensure that their employees are vaccinated or tested weekly for Covid-19. We reported on OSHA’s new rules here and on the temporary stay here. Procedurally, the same or another federal appeals court will ...
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OSHA Has Issued Its Emergency Temporary Standard for Businesses with 100 or More Employees
OSHA’s long-awaited Emergency Temporary Standard (“ETS”) will be published in the Federal Register on November 5, 2021. The ETS applies to businesses with 100 or more employees, requiring them to either mandate the COVID-19 vaccine for all covered employees or adopt a policy requiring covered employees to elect between vaccination and regular testing and face masks. This article highlights the major provisions of the ETS: The ...
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Heat-Related Illness Prevention: Training and Supervision
In the previous article, we highlighted tips for creating a heat-related illness prevention plan (HRIPP) and discussed the importance of considering total heat stress and personal risk factors. In this article, we will focus on the importance of adequate training and day-to-day supervision in preventing heat-related illness in the workplace. Training is one tool that, when used effectively, can have a significant impact on reducing/preventing ...
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Heat-Related Illness Prevention: Creating an Effective Plan
In the last article, we discussed federal standards related to heat-related illness. As it warms up this summer, now is a perfect time to update or create a heat-related illness prevention plan (HRIPP) for your business. In this article, we will highlight the benefits of creating an effective HRIPP as well as helpful tips for creating your plan. Creating a HRIPP has many benefits. First, ...
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Heat-Related Illness Prevention: Introduction to Federal and State Standards
Heat-related illness can affect various industries and work environments. As temperatures rise this summer, it is important for businesses to have a plan to address heat-related illness to protect both the employer and its employees from avoidable harm. This article is the first in a three-part series and will highlight sources of federal and state standards related to heat-related illness. This three-part series is an ...
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OSHA Issues COVID Guidance
The federal Occupational Safety and Health Administration (“OSHA”) recently released Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (“OSHA Guidance”). The OSHA Guidance is similar to the Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (“Virginia Standard”) recently approved by the Virginia Occupational Safety and Health (“VOSH”) Program. This firm previously wrote about the Virginia ...
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VOSH STANDARD REVISIONS APPROVED
Last month, the Virginia Occupational Safety and Health (VOSH) Program released its Revised Proposed Permanent Standard for Infectious Disease Prevention of the SAR-CoV-2 Virus that Causes COVID-19. Vandeventer Black released a summary of those proposed permanent revisions to the temporary standard, which can be found here. On January 4, 2021, VOSH issued an updated final standard which was approved by the Virginia Department of Labor ...
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COVID CONFUSION: Recent Updates from the CDC and Governor Northam Leave Employers with More Questions and No Clear Answers
On top of all the other challenges posed by the COVID crisis, employers have had to grapple with ever-changing and contradictory guidance from the Center for Disease Control, Virginia, and various government agencies. Most recently, CDC updates and Governor Northam’s Executive Order (“E.O.”) 72 have created additional confusion for businesses regarding quarantine after exposure to COVID-19 and face coverings. Post-Exposure Quarantine Since early in the ...
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VOSH Standard Revisions
On December 10, 2020, The Virginia Occupational Safety and Health (VOSH) Program released its Revised Proposed Permanent Standard for Infectious Disease Prevention of the SAR-CoV-2 Virus that Causes COVID-19. Generally, these revisions serve to clarify previously existing requirements or reduce the impact of some requirements that were found to be excessive, impractical, or in conflict with existing laws and updated CDC guidance. The revisions, if ...
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Emergency Temporary Safety Rules Effective July 27 in Virginia
This article is the third and final in a three-part series discussing the New Emergency Temporary Standards for Employers in Virginia. Click here to read Part 1 and Part 2. On July 27, 2020, the Virginia Occupational Safety and Health (VOSH) program published the Virginia Safety and Health Codes Board’s (the Board) Emergency Temporary Standard (ETS) for Infectious Disease Prevention: SARSCoV-2 Virus That Causes COVID-19, ...
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NEW EMERGENCY TEMPORARY STANDARD WILL APPLY TO EMPLOYERS IN VIRGINIA [Part 2]
WHAT VIRGINIA EMPLOYERS CAN EXPECT IN THE COMING WEEKS This article is the second in a three-part series discussing the New Emergency Temporary Standards for Employers in Virginia. Click here to read Part 1 and Part 3. With the Virginia Department of Labor and Industry’s adoption of 16 VAC 25-220; which is called the Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus that Causes COVID-19 ...
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Vandeventer Black Partners Named Women In The Law
Vandeventer Black LLP AV®-rated partners Anne G. Bibeau, Deborah M. Casey, Arlene F. Klinedinst, and Anita O. Poston were selected as Women in the Law for 2018. Published by Virginia Living, Women in the Law 2018 celebrates the achievements of Virginia’s most accomplished women judges and attorneys. Anne G. Bibeau focuses her practice on Labor & Employment Law, Alternative Dispute Resolution, Commercial, Tax, and General Litigation. She represents clients ...
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Arlene Klinesdinst Elected Chair of VBA’s Labor Relations and Employment Law Section
Vandeventer Black LLP AV® Preeminent-rated partner Arlene F. Klinedinst was elected to serve as new Chair of the Virginia Bar Association Labor Relations & Employment Law Section. Klinedinst also served as Chair of Vandeventer Black’s Labor and Employment Department. “Serving as Chair of the Labor Relations & Employment Law Section is a great honor for me,” said Klinedinst. “I am proud to serve such prestigious organization ...
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Virginias Ongoing Efforts to Address Employee Misclassification by Construction Contractors
For several years, Virginia has been endeavoring to address employee misclassification in the Commonwealth, particularly in the construction industry. In a 2014 Executive Order, the Governor raised concerns that contractors who misclassify employees as “independent contractors” were depriving the Commonwealth of taxes and denying workers insurance coverage and other benefits. By avoiding these costs, such contractors gained a competitive advantage over contractors who complied with ...
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Virginia BEST Job Site Safety Initiative Collaboratively Created by AGCVA and VOSH
The Virginia BEST (Building Excellence in Safety, Health, and Training) is a volunteer safety initiative developed collaboratively between the Associated General Contractors of Virginia and the Virginia Department of Occupational Safety and Health. According to AGC Chairman, Mike Cagle, the Virginia BEST program is “designed to reduce employee injuries, improve employee morale and position AGCVA members to be more competitive by becoming the best in ...
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Department of Labor and Industry Misclassifications Policy
Authored by summer clerk Thomas O’Dea The Virginia Department of Labor and Industry recently issued a new policy making construction employers responsible for providing proof of its’ subcontractors’ contractor licenses upon request. Under this policy, all workers on a job site will be characterized as either employees or independent contractors. If they are subcontractors, the contractor must be able to furnish proof of their licensure ...
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