Category: OSHA
Oregon OSHA – Increased Penalties for 2025
In 2023, with the passage of Senate Bill 592, the Oregon Legislature dramatically augmented the range of civil penalties on employers who violate Oregon Safe Employment laws. Previously, Oregon law imposed only the minimum civil penalties prescribed under the federal OSHA. Over the past two years, the penalties have continued to…
New Process Safety Management for Refineries in Washington Coming in 2024
The Department of Labor and Industries has updated workplace safety rules targeted at preventing catastrophic events at petroleum refineries as defined in WAC Chapter 296-67 (Part B.) The potential for release of highly hazardous chemicals exists any time toxic, reactive, or flammable liquids and gases are not properly controlled. The…
Substitute House Bill Passed to Address Surgical Smoke Hazards in Washington
Governor Jay Inslee signed into law Substitute House Bill (SHB) 1779 to address surgical smoke hazards in hospitals and ambulatory surgical centers in hopes to establish workplace safety and health requirements pertaining to procedures producing hazardous smoke. RCW 49.17.500 and RCW 49.17.505 took effect on January 1, 2024. As such,…
Washington Department of Labor & Industries Implement Changes to Red Card Appeals Processes and Discrimination Adjudication Processes in August
The Washington Department of Labor & Industries intends to implement the provisions of 2021’s Engrossed Substitute House Bill 1097 later this month. This bill made changes to the inspection and appeal process of Orders of Immediate Restraint (OIR), set up an adjudicatory process for discriminatory employer conduct, and provided additional…
Updated Heat Protections Rules in Washington Implemented Year-Round Focusing on Shade, Cool-Down Rest Periods and Monitoring of Workers.
On July 17, 2023, new changes went into effect under WAC 296-62-095 and WAC 296-307-097 expanding the existing requirements relating to outdoor heat exposure. These changes are targeted at prevention of heat-related illness and reduction of traumatic injuries for outdoor workers associated with heat exposure. The new rules are implemented…
Oregon OSHA – Senate Bill 592A Significantly Expands Oregon OSHA Investigation Authority and Substantially Increases Civil Penalties.
Oregon lawmakers have approved a bill that expands OSHA investigation authority and increase the penalties businesses face when they violate workplace safety rules. Governor Tina Kotek is expected to approve and the bill will go into effect immediately. The bill creates significant changes to the Oregon Safe Employment Act including:…
Climate change shapes the Department’s proposed rule changes for outdoor heat exposure safety in Washington
Summer is right around the corner and every year, outdoor temperatures are rising due to climate change. Before the first heat wave sets in, now is a great time to remind Washington employers of the current outdoor heat exposure rules and review the Department’s recently proposed changes for these rules….
Oregon OSHA Adopts Permanent Rules to Protect Workers From Extreme Heat and Wildfire Smoke
Effective June 15, 2022 and July 1, 2022 Oregon OSHA’s new rules addressing the prevention of heat related illness and wildfire smoke exposure, respectively. Oregon OSHA’s Heat Rules The new rules regarding heat exposure apply when workers are exposed to a heat index of 80 degrees Fahrenheit or more for…
Sixth Circuit Upholds Vaccine Mandate for Large Employers
Earlier this month, the U.S. Court of Appeals for the Sixth Circuit lifted a stay by the Fifth Circuit on President Biden’s federal vaccine mandate for employers with 100 employees or more. The mandate is now set to take effect in 2022 – unless the U.S. Supreme Court steps in….
Washington Supreme Court Issues Ruling on WISHA Violations for Staffing Agencies
In the recent Tradesman case, the Washington Supreme Court addressed whether in the joint employer context, staffing agencies may be liable employers for safety violations under WISHA. Labor & Industries v. Tradesmen International, LLC, 198 Wn.2d 524 (2021). The Washington Supreme Court consolidated two cases involving separate staffing agencies, Tradesman…
Federal OSHA Emergency Temporary Standard on vaccination and testing for employees is temporarily stayed by 5th Circuit Court of Appeals
Over the past 18 months, employers have learned to adapt to rapidly changing circumstances in light of the Covid-19 pandemic. The recent spate of vaccine mandates is the latest front in pandemic-related employment concerns. The Biden administration promulgated an emergency temporary standard (ETS) mandating employers with 100 or more workers…
OSHA Reveals Standard to Implement Vaccine Mandate
On November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) released its Emergency Temporary Standard (ETS) which implements President Biden’s vaccine-or-test requirement for private employers with 100 or more employees. Oregon has an approved OSHA state plan and must adopt rules that are “at least as…
Oregon OSHA Issues Temporary Rules Regarding Protection from Wildfire Smoke
Effective August 9, 2021 and running for a period of 180 days, certain Oregon employers must comply with temporary rules imposed by the Oregon Occupational Health & Safety Administration (OSHA) regarding wildfire smoke. The rules require employers to provide workers with training, develop a system to communicate wildfire smoke hazards,…
Washington Enacts Emergency Wildfire Smoke Rule
As Northwest summers get hotter and drier, state agencies have been forced to adapt to changing circumstances. Following the heatwave in June, both Oregon and Washington adapted rules regarding outdoor workers in high temperatures. Now the Department of Labor and Industries in Washington has published an emergency rule to protect…
BOLI Enacts Temporary Rules Implementing Senate Bill 483
Senate Bill 483 was signed into law by Governor Brown on June 15, 2021. Yesterday, the Bureau of Labor and Industries filed Temporary Rules with the Secretary of State implementing the bill. SB 483 creates a rebuttable presumption in the Oregon Safe Employment Act. Under SB 483, if an adverse…
Oregon OSHA Adopts Temporary Rules Protecting Workers From Extreme Heat
Effective July 8, 2021, Oregon OSHA adopted temporary rules addressing the prevention of heat related illness. The rules follow an unprecedented heatwave throughout the State at the end of June, which resulted in the death of at least 116 people. They will remain in effect for the next six months…
Oregon OSHA Issues Temporary Rules Repealing Mask and Distancing Requirements
On June 25, 2021, Governor Brown issued an Executive Order stating Oregon would lift its mask mandates, capacity limits, and social distancing guidelines effective June 30, 2021. Oregon employers must also comply with the COVID-19-related rules imposed by the Oregon Occupational Safety & Health Administration (OSHA), which include Oregon OSHA’s…
Oregon OSHA Adopted Permanent COVID-19 Workplace Rules May 4, 2021
On May 4, 2021, the Oregon Occupational Health & Safety Administration (OSHA) adopted permanent workplace rules related to COVID-19. The temporary rules OSHA previously adopted on November 6, 2020 also expired on May 4, 2021. In replacing the temporary rule with a permanent rule, OSHA changed some provisions as more…
Oregon OSHA Proposes “Permanent” COVID-19 Rules
Recently, Oregon OSHA formally proposed a “permanent” COVID-19 rule to replace the temporary rule, which is set to expire May 4, 2021. Oregon OSHA’s rule making authority does not allow a temporary rule to be extended; therefore, OSHA must adopt a permanent rule to keep its COVID-19 protections in place….
Employer Resources for Compliance with Oregon OSHA’s Temporary COVID-19 Workplace Standards
The recently adopted Temporary Rule Addressing COVID-19 Workplace Risks by the Oregon Occupational Safety and Health Administration (OR-OSHA) includes a series of requirements for employers operating in Oregon and clarifies standards on physical distancing, face coverings, and workplace sanitation practices. Under the rule, employers are required to (among other things)…
OR OSHA still has not passed final rules relating to COVID-19
In June 2020 Oregon OSHA announced it would implement temporary workplace rules to address the COVID-19 hazard. Oregon OSHA expected it would have the final rule in place by September 1, 2020. After four drafts of the proposed rule, there is still no final rule. However, Oregon OSHA expects to…
Oregon OSHA will Adopt Rules Addressing the COVID-19 Emergency
Recently, Oregon OSHA announced it has begun work on temporary rules addressing the COVID-19 emergency. The target date for the rules is September 1st and is expected to remain in effect through February 2021. The rules will be completed in consultation with the Oregon Health Authority (OHA), Public Health and…
Washington – COVID-19 Incident Reports, Workers’ Comp, Wage and Leave Issues
With the recent news of Coronavirus (COVID-19) in Washington, we want to ensure everyone understands the guidelines for incident reports, workers’ compensation claims, and other employment-related concerns. We have created a Q&A to cover many questions Washington employers may have on this confusing and pressing issue. When should an…
Federal Court Denies Injunction of OSHA Recordkeeping Rule
OSHA issued a final rule regarding electronic recordkeeping that also included new anti-retaliation records. Read a prior blog post regarding this rule here: http://sbhlegal.com/new-osha-rules-address-post-accident-drug-testing-retaliation-claims-and-electronic-injuryillness-reporting/ A group of insurer and industry groups in Texas filed suit challenging OSHA’s authority to enact the anti-retaliation provisions of the new rule. They asked the…
New OSHA Rules Address Post-Accident Drug Testing, Retaliation Claims, and Electronic Injury/Illness Reporting
Recently, the Occupational Safety and Health Administration (OSHA) finalized new rules regarding recordkeeping/reporting and discrimination as it relates to drug testing employees following an injury. 81 Fed. Reg 29624. The new anti-discrimination/retaliation rule goes into effect on August 10, 2016. There is a longer phase-in period for electronic submission of…
