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OSHA & VOSH Regulatory Compliance

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OSHA & VOSH Regulatory Compliance

The federal Occupational Safety and Health Administration (OSHA) oversees workplace safety and health, including setting and enforcing standards and providing training, outreach, education, and assistance. Some states, including Virginia, have OSHA-approved state plans covering most private-sector workers and all state and local government workers. Virginia’s program is overseen by the Virginia Occupational Safety and Health (VOSH), which is part of the Virginia Department of Labor and Industry (DOLI).

VOSH primarily enforces the OSHA standards but also has adopted certain unique standards separate from OSHA, including:

General Industry

  • Reverse Signal Operation Safety Requirements for Vehicles, Machinery, and Equipment for General Industry
  • General Approach Distance for Electrical Hazards in the Telecommunications Industry
  • Confined Spaces in the Telecommunications Industry
  • Tree Trimming Operations
  • Overhead High Voltage Line Safety Act

Construction

  • Medical Services and First Aid
  • Sanitation
  • Steel Erection
  • Reverse Signal Operation Safety Requirements for Vehicles, Machinery, and Equipment for the Construction Industry
  • Overhead High Voltage Line Safety Act

Agriculture

  • Field Sanitation

In addition, in 2020, Virginia issued the Virginia Emergency Temporary Standard, followed by the Final Permanent Standard, for workplace control, prevention, and mitigation of COVID-19.  This standard applies to all Virginia worksites covered by VOSH and requires COVID-19 case reporting, employee training, and a special COVID-19 safety plan for many covered employers.

Our law firm regularly represents employers regarding this broad array of federal and state workplace safety regulations. Our lawyers’ experience in this practice area allows us to assist clients in evaluating and planning their workplace OSHA and VOSH compliance programs and, when necessary, deal promptly and effectively with OSHA and VOSH inspections and citations.  We routinely assist clients in responding to workplace incidents or issues, including catastrophic events and the inevitable OSHA or VOSH investigation.

We represent employers in VOSH/OSHA administrative actions, and in court, in response to VOSH/OSHA citations and in defense of retaliation complaints filed by employees.

We also advise employers on handling internal safety complaints, disciplining employees for violating safety rules, and complying with COVID-19 safety rules.

Articles
OSHA Pursues A Different COVID Strategy
Dean T. Buckius
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 ...
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Court Extends Order Blocking Vaccine and Testing Requirement for Private Employers
Dean T. Buckius
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 ...
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OSHA Has Issued Its Emergency Temporary Standard for Businesses with 100 or More Employees
Anne G. Bibeau
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 ...
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News
Vandeventer Black Partners Named Women In The Law
Deborah M. Casey, Anne G. Bibeau, Arlene F. Klinedinst, Anita O. Poston
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 ...
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Arlene Klinesdinst Elected Chair of VBA’s Labor Relations and Employment Law Section
Arlene F. Klinedinst
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 ...
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