Thank you to Jonathan Schaefer for his contributions to this post. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs.

On Friday, the U.S. Court of Appeals for the Sixth Circuit lifted a stay of OSHA’s Emergency Temporary Standard (ETS)

Over the last few months, manufacturers have been paying close attention to two COVID-19 vaccination mandates issued by the federal government pertaining to employers.  First, on September 9, 2021, President Biden issued an Executive Order which imposed several COVID-19 safety standards and protocols, including mandatory vaccination, upon certain federal contractors and subcontractors.  Second, at the

Thank you to Jonathan Schaefer for his contributions to this post. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs.

Unless you’ve been living under a rock, you know that OSHA issued its long-anticipated COVID-19 Vaccination and Testing Emergency Temporary

This week’s post was co-authored by Robinson+Cole Labor and Employment Group lawyer Emily A. Zaklukiewicz.

More than one year after the start of the COVID-19 pandemic, wearing face masks and social distancing continue to be the “new normal.” Manufacturers, while familiar with health and safety protocols related to their operations, have had to navigate a new set of protocols aimed at maintaining a safe workplace during the global pandemic. Widespread vaccine distribution has been underway for several months and it has prompted public health authorities and governments to begin relaxing mandates and rules related to workplace safety. Many employers, including manufacturers, are now facing the challenge of maintaining a safe workplace for both vaccinated and unvaccinated individuals, in light of these changes.
Continue Reading Masks, Safety Measures & Manufacturers

This week, we continue with our 2021 outlook series with a focus on environmental, health, and safety. This year brings a new Presidential administration, and with it will come a host of new programs, as well as some new takes on established programs. The following are a few initiatives that could impact manufacturers in 2021.

As COVID-19 cases have continued to rise across the United States, so have COVID-related OSHA complaints and investigations. OSHA has been tracking statistics on COVID-related complaints, referrals, inspections, and citations on a daily basis and posting the results posting the results on its website.

Federal OSHA has initiated over 1,000 investigations related to COVID-19. As

Thank you to Jonathan Schaefer for this post. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs.

Manufacturing equipment can be dangerous. Hazards associated with manufacturing equipment can come in a variety of forms, such as pinch points, sparks, or flying debris. OSHA regulations require equipment with moving parts to have specific protection mechanisms in place – often referred to as machine guarding. Machine guarding can take many forms, such as barriers, light curtains, and two-hand trips.

In 2019, the last year for which complete data is available, machine guarding violations were in OSHA’s top 10 most cited violations, as well as OSHA’s top 10 list for “serious” violations and for “willful” violations. Of the 1,969 machine guarding violations OSHA issued citations for between October 1, 2018 to September 30, 2019, 1,737 were classified as “serious” and 13 were classified “willful”.

However, not all of these citations become final, or at least not in the form issued. Some employers choose to challenge citations to OSHA’s Review Commission. For those not familiar with OSHA’s Review Commission, it is a three Commissioner panel appointed by the President and confirmed by the Senate. The Commission hears appeals of contested OSHA cases. Contested cases can take a while to work their way through OSHA’s contest case process and receive a decision from the Commission. The three cases discussed below involved citations issued in 2014 and 2016.
Continue Reading OSHA Review Commission Issues Decisions on Machine-Guarding Violations