On December 12, 2024, the Occupational Safety and Health Administration (OSHA) issued a final rule updating its personal protective equipment (PPE) standard for construction workers. The new rule explicitly requires that such equipment fit each employee properly. The rule is scheduled to become effective on January 13, 2025. When it does, it will result in OSHA’s construction industry standard mirroring the standards that already apply to general industry and other specific types of work.… Continue Reading
OSHA
Maryland Employers: Six Must-Know Employment Law Changes
The Maryland legislature recently passed several laws that affect pay transparency, family and medical leave, the scope of the State’s antidiscrimination laws, workplace safety, and noncompete agreements. As many of these new laws already have taken effect, now is the time for Maryland employers to take steps to ensure compliance.
On October 1, 2024, Maryland joined a host of other states requiring pay transparency in internal and external job postings.… Continue Reading
OSHA Finalizes ‘Walk around Rule’ Making it Easier for Union Representatives to Join Worksite Safety Inspections
On April 1, 2024, the Occupational Safety and Health Administration (“OSHA”) published its final rule – known informally as the “walk around rule” – which makes two changes to its Representatives of Employers and Employees regulation (29 C.F.R. § 1903.8(c)) to significantly expand who an employee can bring in to join a workplace safety inspection.… Continue Reading
Unions Cannot Force OSHA to Issue Permanent COVID Standard
On August 26, 2022, the U.S. Court of Appeals for the District of Columbia Circuit turned back efforts by a group of unions seeking to force the Occupational Safety and Health Administration (OSHA) to quickly issue a permanent rule establishing protections for healthcare workers from COVID-19.
A unanimous three-judge panel in In re: National Nurses United, et al.… Continue Reading
OSHA Plans Inspections of Region 3 Warehouse Establishments
Effective last week, the Occupational Safety and Health Administration’s (OSHA) Region 3 Administrator, whose jurisdiction covers PA, DE, MD, VA, WV, and Washington DC, released a Regional Emphasis Program (REP) for Warehousing Operation which seeks to reduce injury/illness rates in the warehousing industry by conducting comprehensive inspections to address hazards that may include those associated with powered industrial trucks, lockout/tagout, life safety, means of egress and fire suppression.… Continue Reading
OSHA Permanent Safety Regulations for Healthcare on the Horizon
Originally published in June of last year, and as reported by Ballard Spahr here, the OSHA Healthcare Emergency Temporary Standard (“ETS”) set safety requirements for health care and health care support service workers in settings where people with COVID-19 are reasonably expected to be present. The ETS expired after six months, on December 21, 2021.… Continue Reading
Podcast – Federal Vaccine Mandates: What’s Next for Employers?
On the latest episode of our podcast, Business Better, our Ballard lawyers provide an update on the current status of the federal COVID-19 vaccine mandate, and the steps employers should be taking as a result of the recent changes.
Leading this discussion is Lila Sevener, an Associate in Ballard’s Philadelphia office.… Continue Reading
Update for Employers Navigating Federal Vaccine Requirements
As previously reported here, the Supreme Court recently issued decisions staying the Occupational Safety and Health Administration (OSHA) “vaccine or test” Emergency Temporary Standard (ETS) and upholding the Centers for Medicare & Medicaid Services (CMS) vaccine mandate for certain health care providers. Meanwhile, the vaccine mandate for federal contractors remains stayed pending appellate court review.… Continue Reading
Supreme Court Stays OSHA “Vaccine or Test” ETS and Upholds CMS Vaccine Mandate
The Supreme Court issued two opinions on January 13, 2022 relating to federal agency vaccination rules and mandates. In one opinion, the Court issued an emergency stay of the Occupational Safety and Health Administration (OSHA) “vaccine or test” Emergency Temporary Standard (ETS). In another opinion, the Court upheld the Centers for Medicare & Medicaid Services (CMS) vaccine mandate for certain health care providers.… Continue Reading
Sixth Circuit Lifts Stay on OSHA Vaccine or Test ETS
On December 17, the Sixth Circuit issued an opinion lifting the nationwide stay of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or testing. As previously reported here, the ETS requires employers with 100 or more employees to either require that workers receive the COVID-19 vaccine or submit to regular COVID-19 testing and wear a face covering.… Continue Reading