President Biden to Nominate Cal/OSHA Chief to Be DOL’s Assistant Secretary of Labor for OSHA

On April 9, 2021, President Joe Biden announced his intent to nominate Douglas L. Parker to be assistant secretary of labor for the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA). Parker currently serves as chief of the California Division of Occupational Safety and Health (Cal/OSHA).

OSHA Issues ‘Stronger’ Workplace Guidance on COVID-19

On January 29, 2021, the U.S. Occupational Safety and Health Administration (OSHA) published new guidance on mitigating and preventing the spread of COVID-19 in the workplace. In a press release announcing the new guidance, OSHA declared that the new guidance is “stronger worker safety guidance” intended to inform employers outside of the healthcare industry about how to identify the risks of exposure to COVID-19 and determine the appropriate control measures for their respective workplaces.

OSHA Clarifies Reporting Requirement for COVID-19-Related Hospitalizations and Fatalities With New FAQs

On September 30, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) published a new series of answers to its “COVID-19 Frequently Asked Questions” (FAQs) guidance relating to an employer’s obligation to report work-related hospitalizations and fatalities that occur as a result of COVID-19. The new FAQs clarify that the work-related “incident,” which triggers an employer’s reporting obligation, is an employee’s exposure to the coronavirus in the workplace.

Now You See Them, Now You Don’t: OSHA Removes Recently Published FAQs on Reporting Hospitalizations and Fatalities Due to COVID-19

The U.S. Occupational Safety and Health Administration (OSHA) has withdrawn from its website—without public explanation—a controversial interpretation of its requirement to report in-patient hospitalizations of employees who contracted work-related cases of COVID-19.

OSHA Publishes New FAQs on Reporting Hospitalizations and Fatalities Due to COVID-19

On July 15, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) published a new interpretation of the hospitalization reporting requirement of 29 C.F.R. § 1904.39(b)(6), one that states that employers “must report the hospitalization within 24 hours of knowing both that the employee has been hospitalized and that the reason for hospitalization was COVID-19.”

Retail FAQs During the COVID-19 Pandemic

Retail employers are facing challenges unique to their workforces due to the spread of COVID-19. Retailers must keep abreast of federal laws such as the Families First Coronavirus Response Act (FFCRA), the Coronavirus Aid, Relief, and Economic Security (CARES) Act, in addition to guidance from federal agencies on these new laws. Below are answers to the most frequently asked questions perplexing retailers confronting issues such as health and safety, unions and employee relations, and employee benefits.

OSHA Issues Interim Enforcement Guidance on the Meaning of “Work Related” for Recording Cases of COVID-19

On April 10, 2020, the federal Occupational Safety and Health Administration (OSHA) issued interim enforcement guidance for recording cases of the novel coronavirus (COVID-19) under the agency’s recordkeeping regulation at 29 C.F.R. § 1904, affecting what employers are required to record in their OSHA 300 logs. The guidance clarifies which cases of COVID-19 are considered “work-related” under 29 C.F.R. § 1904, which means it also affects employer obligations for cases that must be reported to OSHA (e.g., in-patient hospitalizations).

U.S. Senate Confirms OSHRC Nominees

On January 9, 2020, the U.S. Senate confirmed by voice vote both of President Donald Trump’s nominees to the Occupational Safety and Health Review Commission (OSHRC). Cynthia L. Attwood was first to be confirmed, followed shortly thereafter by Amanda Wood Laihow. The confirmations come as no surprise, as the U.S. Senate Committee on Health, Education, Labor and Pensions unanimously approved both candidates on December 3, 2019.