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Workplace Safety and Health Law Blog

As the country begins to reopen, many mine operators are contemplating next steps for their own operations. One certainty is that the Mine Safety and Health Administration (MSHA) will continue to enforce the provisions of the Mine Act and relevant regulatory requirements. On its most recent stakeholder call, MSHA very briefly mentioned the COVID-19 pandemic, acknowledged there is no MSHA specific guidance forthcoming from the agency, and moved right into a discussion of the next target for rulemaking: Safety Improvement Technologies for Mobile Equipment at Surface Mines, and for Belt Conveyors at Surface and Underground Mines.

The Kentucky Labor Cabinet’s Department of Workplace Standards released its proposed amendments to its injury and illness recordkeeping and reporting requirements on February 11, 2020.  A public hearing on these amendments was set to be heard today at the Kentucky Labor Cabinet.  Due to the COVID 19 pandemic, however, the public hearing has been cancelled and employers are encouraged to submit written comments on the proposed rule change by April 30, 2020.  Until then, here’s what employers need to know about these proposed changes and how they could potentially affect injury and illness reporting in Kentucky.

Tags: OSHA

In light of the strain that COVID-19 has put on many employers, the Occupational Safety and Health Administration (OSHA) just released an Enforcement Memo that allows Area Offices to assess an employer’s good faith efforts to comply with certain standards. OSHA has recognized that business closures, restrictions on travel, facility visitor prohibitions, and stay-at-home orders limit the availability of employees and other resources that employers may normally use to provide training, auditing, inspections, testing, and other safety services. 

The Department of Labor’s Occupational Safety and Health Administration just issued an interim enforcement response plan to OSHA area offices on how to handle COVID-19-related complaints, referrals, and severe illness reports. And the plan means that healthcare and emergency response employers need to be more vigilant than ever when it comes to workplace safety.

Many essential businesses operating during the COVID-19 pandemic may be utilizing temporary workers and contractors. Employers using such workers must keep in mind their responsibilities for notifying the Occupational Safety and Health Administration (OSHA) of reportable injuries and illnesses involving these non-employee workers to OSHA. Under some circumstances, you may have to report an injury of a non-employee.

One of the team members in FP’s Workplace Safety and Catastrophe Management Practice Group helped write an important new alert: “OSHA Issues New Guidance Given N95 Mask Shortage During COVID-19 Pandemic.” Micah Dickie, along with the co-chair of our firm’s Healthcare Practice Group, Kevin Troutman, summarized the agency’s new interim guidance and what employers need to know about it.

Since the start of the COVID-19 pandemic, most mine operators have been waiting for MSHA to release some health and safety guidance regarding the outbreak and how to safeguard the safety and health of their miners. After a protracted period of silence, MSHA recently provided some guidance: simply directing mine operators to the Occupational Safety and Health Administration’s (OSHA’s) Guidance on Preparing Workplaces for COVID-19, which outlines steps employers can take to help protect their workforce.

Tags: COVID-19

During the height of the novel coronavirus’ (COVID-19) outbreak in China, the country isolated Wuhan to contain the spread of the virus. As global cases of COVID-19 cases have skyrocketed during the last several weeks, Italy, Spain, and France have imposed a similar strict quarantine of all residents. We are now starting to see similar measures being imposed here in the United States on a localized basis.

Tags: COVID-19

Like many Americans, when I’m not talking on the phone before I get to the office during my morning commute, I listen to audiobooks or podcasts. Recently, during one such commute, I listened to an informative yet alarming interview with Dr. Michael T. Osterholm, Ph.D., MPH, the director of the Center for Infectious Disease Research and Policy at the University of Minnesota, about the COVID-19 virus outbreak. 

With fear of the COVID-19 coronavirus gripping the nation, many employers – including mine operators large and small – are trying to keep their workforce safe and their businesses running as smoothly as possible (and a comprehensive and updated FAQ on how to do so can be found here). But along with the steps you might take to ensure its business as usual, you might also need to implement a hazards communication protocol in order to stay on the right side of the law.

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