Governor Newsom Signs Law Protecting Employees’ Off-Duty Marijuana Use
Beginning on January 1, 2024, California employers will be prohibited from discharging employees or refusing to hire individuals based on their off-duty use of marijuana.
Blog
OFCCP Launching Another Online Portal, This Time for Construction Contractors
On August 22, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced it will launch a new online platform whereby “contracting officers, contractors, and applicants seeking federal assistance for construction projects (such as a state [Department of Transportation])” can securely upload details about an awarded federal or federally-assisted construction contract or subcontract.
Workplace Safety in Arizona: OSHA Delays Decision on Proposal to Revoke State Plan
The federal Occupational Safety and Health Administration (OSHA) is holding off on deciding whether to revoke final approval of Arizona’s occupational safety and health (OSH) plan. On August 10, 2022, OSHA said it is extending the comment period on a proposed rule to revoke the state’s approval for another 60 days and postponed a public hearing tentatively scheduled for August 16, 2022.
Workplace Safety in Arizona: Update on OSHA’s Proposal to Revoke State Plan
On April 21, 2022, the federal Occupational Safety and Health Administration (OSHA) issued a a proposed rule to revoke Arizona’s occupational safety and health (OSH) plan’s final approval under Section 18(e) of the Occupational Safety and Health Act of 1970. In its notice, OSHA proposed revoking its affirmative determination granting final approval to Arizona’s state OSH plan, which, if implemented, would return Arizona’s plan to “initial approval” status resulting in discretionary concurrent enforcement jurisdiction between OSHA and the Arizona Division of Occupational Safety and Health (ADOSH).
Bloomington, Minnesota, Passes Paid Sick and Safe Leave Ordinance
On June 6, 2022, after a year of public meetings and feedback, the Bloomington City Council unanimously approved an ordinance that will require employers in the city to provide paid sick and safe leave to most workers.
Illinois Governor Signs Bills Expanding Contractors’ Liability for Unpaid Wages of Subcontractors’ Workers
On June 10, 2022, Illinois Governor JB Pritzker signed House Bill 5412 and its trailer bill, House Bill 4600, into law. Both bills amend the Illinois Wage Payment and Collection Act (WPCA) to make certain primary contractors liable for any debt owed by a subcontractor—at any tier— relating to the wage claimant’s performance of labor for contracts entered into on or after July 1, 2022.
Attention British Columbia Employers: Major ‘Union-Friendly’ Changes Coming
On April 6, 2022, the British Columbia government introduced legislation that would change the union certification process under British Columbia’s Labour Relations Code.
Governor Newsom Expected to Sign Bill Creating New Labor Code Violations, Expanding Cal/OSHA Subpoena Powers
The California Legislature will soon send Senate Bill (SB) No. 606 to Governor Gavin Newsom, who is likely to sign the bill into law. The bill would make substantial changes to the California Division of Occupational Safety and Health’s (Cal/OSHA) citation structure by creating two new categories of violations: “enterprise-wide” and “egregious.” The bill would also provide Cal/OSHA with additional subpoena power during investigations.
OFCCP Publishes Fiscal Year 2021 Corporate Scheduling Announcement List for Construction Contractors
On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) published its Corporate Scheduling Announcement List (CSAL) identifying 400 construction federal contractors and federally assisted contractors and subcontractors for fiscal year 2021 (FY 2021), which runs from October 1, 2021, through September 30, 2022.
Cal/OSHA Updates Online Resources for California Employers
The California Division of Occupational Safety and Health (Cal/OSHA) recently updated its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions”. The FAQs clarified some areas of the regulation and provided additional guidance for California employers, particularly construction companies. Under the Emergency Temporary Standards (ETS) adopted on November 30, 2020, California construction companies face specific standards related to transportation and workplace exposures that create unique questions and challenges.
COVID-19 and Construction: Cal/OSHA Emergency Temporary Standards Address Issues for Industry Employers
The California Division of Occupational Safety and Health (Cal/OSHA) recently updated its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions”. The FAQs clarified some areas of the regulation and provided additional guidance for California employers, particularly construction companies. Under the Emergency Temporary Standards (ETS) adopted on November 30, 2020, California construction companies face specific standards related to transportation and workplace exposures that create unique questions and challenges.
OSHA Issues COVID-19 Guidance for the Oil and Gas Industry
On July 7, 2020, the federal Occupational Safety and Health Administration (OSHA) issued COVID-19 control and prevention guidance for oil and gas industry workers and employers. The guidance supplements OSHA’s interim guidance for the general workforce.
OSHA Issues Inspection Guidance for Enforcement of Respirable Crystalline Silica Standard
On June 25, 2020, the Occupational Safety and Health Administration (OSHA) issued Inspection Procedures for the Respirable Crystalline Silica Standards. The new procedures, 124 pages in length, went into effect immediately.
Red, Orange, Yellow, Green—Go! Considerations for Reopening in Mexico: Social, Educational, and Economic Activities
The federal government of Mexico is implementing a sanitary alert system—called the “traffic light” system—for gradually reopening activities, including the economy in a safe and durable manner. The reopening will be performed in three phases.
OSHA Issues Updated COVID-19 Guidance for Construction Industry Employers
On May 27, 2020, the Occupational Safety and Health Administration (OSHA) updated its guidance for employers performing construction work of all types. The agency’s guidance is not a standard or regulation, so it is not legally binding. Nonetheless, construction industry employers may want to consider OSHA’s recommendations when developing and updating their workplace safety and health plans, for two reasons. First, the guidance indicates which measures OSHA might allege are required by the Occupational Safety and Health Act’s General Duty Clause, just as it has done with heat stress, workplace violence, and other hazards for which it has no specific standard. Second, the document may indicate what employees may expect their employers to do as more people get back to work.
Illinois’s Workers’ Compensation Rule Update: Court Halts Enforcement of New Rule That Presumes COVID-19 Infections Are Work-Related
On April 27, 2020, the Illinois Workers; Compensation Commission rescinded its emergency rule that had expanded the presumption of work relatedness for COVID-19 infections to all businesses that are deemed to be critical under Governor Pritzker’s stay-at-home order.
What Six-Foot Rule? OSHA Construction Fall Standard Forces the OSH Review Commission to State It Does Not Exist
The debate has raged for years. Is there a six-foot rule triggering fall protection requirements when an employee is within six feet of an unprotected edge? A construction fall protection standard adopted by the Occupational Safety and Health Administration (OSHA) does not expressly state there is such a six-foot rule, but many employers, industry safety experts, and even some OSHA inspectors have followed one as a rule of thumb.
Court Halts Enforcement of Illinois’s New Workers’ Compensation Rule That Presumes COVID-19 Infections Are Work-Related
On April 13, 2020, the Illinois Workers’ Compensation Commission established an emergency rule amending the Illinois Administrative Code for workers’ compensation hearings that creates a rebuttable evidentiary presumption for workers infected with COVID-19 who work in “critical” industries as defined in Governor J. B. Pritzker’s March 20, 2020, stay-at-home order, as well as those who are first responders.
OSHA Issues COVID-19 Compliance Guidance for Construction Workforces
The U.S. Occupational Safety and Health Administration (OSHA) has issued a series of tips tailored to construction work to help reduce the risk of exposure to the coronavirus.
New Jersey Closes all Non-Essential Construction Projects
On April 8, 2020, New Jersey Governor Phil Murphy signed Executive Order No. 122, requiring the closure of all non-essential construction projects beginning at 8:00 p.m. on Friday, April 10, 2020. The executive order does not define “non-essential construction project”; instead, it lists the following “essential construction projects” that may continue to operate.
Tips for General Contractors for Ongoing Building Projects During the COVID-19 Crisis
In response to COVID-19, state and local governments are issuing orders suspending “non-essential” business. At this point in the COVID-19 pandemic, construction work is often included on the list of essential business, particularly if it relates to utilities, telecommunications, transportation, and healthcare infrastructure.
