Audit, Compliance and Risk Blog

Trump administration guidelines for easing enforcement

Posted by Jon Elliott on Tue, Oct 06, 2020

During 2020, the Trump Administration has seized on the economic disruptions from the COVID-19 pandemic as the latest of its many rationales for easing environmental regulations. In May, the President issued an executive order (EO) directing agencies to “support the economic response to the COVID–19 outbreak” (EO 13924 “Regulatory Relief To Support Economic Recovery”; I discussed it HERE). That EO included directions to the Office of Management and Budget (OMB) to receive reports from individual federal agencies about their regulatory and enforcement responses, and authorized OMB to issue guidance. On August 31, 2020, OMB issued a “Memorandum for the Deputy Secretaries of Executive Departments and Agencies – Implementation of Section 6 of Executive Order 13924” (Memorandum M-20-31; called “the Memo” below) offering this guidance. 

Read More

Tags: Health & Safety, Coronavirus, Covid-19, OMB, Executive Order, Memorandum M-20-31, Economy, Administration Guidelines, EO 13924

CERB and EI changes: What employers and workers need to know

Posted by BLG’s Labour and Employment Group on Tue, Sep 22, 2020

On August 20, 2020, the federal government announced its transition from the Canada Emergency Response Benefit (CERB) to a simplified Employment Insurance (EI) program to provide income support to those unable to work due to COVID-19.

In addition to simplifying access to EI, the government will introduce three new temporary recovery benefits: the Canada Recovery Sickness Benefit, the Canada Recovery Caregiving Benefit and the Canada Recovery Benefit.

Subject to parliamentary approval, these programs will be effective starting September 27 and available for one year.

Read More

Tags: Business & Legal, Employee Rights, Covid-19, Employment Law, Labour & Employment, Canada Recovery Sickness Benefit, Canada Emergency Response Benefit, Employment Insurance, Canada Recovery Caregiving Benefit

Protecting your workplace from wildfires

Posted by Jon Elliott on Wed, Aug 26, 2020

Summer is wildfire season in many areas, although its importance to your workplace obviously varies. We worry more here in California than folks in New England -- as I started this note my home region around San Francisco Bay had the worst air quality on the planet  during a siege of wildfires from lightning strikes. If your workplace is a downtown high rise, wildfire risks are less than if it's in a suburban office park – and if you’re telecommuting during the COVID pandemic, it may depend less on your employer’s location than where you’ve set yourself up.

Read More

Tags: OSHA, Covid-19, workplace safety, Wildfire, Cal-Fire, California, Summer

Virginia adopts first standard specifically requiring workplace protections against COVID

Posted by Jon Elliott on Wed, Jul 22, 2020

In recent months, worker protection and public health agencies have issued increasingly stringent and detailed guidelines for employers to follow to reduce worker exposures to COVID-19. I’ve written about a number of these, including HERE and HERE. Over the same months, many workplaces have also been affected by state and local government mandates designed to protect public health in places the public (at least previously) frequent – these include temporary closures of many types of organizations, and restrictions such as masks at others.

Read More

Tags: Health & Safety, Coronavirus, CDC, Safety and Health at Work, Covid-19, VOSH, DOLI, PPE, Virginia

OSHA issues new post-COVID back-to-work guidance

Posted by Jon Elliott on Tue, Jun 30, 2020

On June 18, 2020, the U.S. Occupational Safety and Health Administration (OSHA) issued new guidance to assist businesses deemed “non-essential” during the COVID-19 pandemic as they reopen their workplaces. OSHA’s new “Guidance on Returning to Work” sets forth a number of basic principles that OSHA recommends guide employer actions, including specific examples. The document also reminds readers that responsibilities always apply under OSHA’s Employer’s General Duty Clause, references a number of existing OSHA standards that apply to re-opening activities and reopened workplaces, and identifies other sources of guidance and requirements.

Read More

Tags: Health & Safety, OSHA, EEOC, Coronavirus, CDC, Covid-19, Back-to-Work

President Trump directs agencies to ease regulations to ease economic burdens of COVID-19

Posted by Jon Elliott on Wed, Jun 24, 2020

President Trump has issued the latest in a series of executive orders (EOs) to reduce and repeal formal federal regulations. This month’s EO directs federal agencies to do so in order to “support the economic response to the COVID–19 outbreak” (EO 13924 “Regulatory Relief To Support Economic Recovery”).

Read More

Tags: Health & Safety, Coronavirus, Covid-19, eo, OMB

Is that workplace COVID case work related? OSHA revises enforcement review of employer determinations

Posted by Jon Elliott on Wed, May 27, 2020

Effective May 26, 2020, the Occupational Safety and Health Administration (OSHA) revised its (interim) enforcement guidance for its inspectors and personnel use when investigating whether an employer properly classified a workplace illness involving COVID-19. This guidance expands and replaces the version OSHA issued on April 10 -- it does not affect the agency’s broader enforcement guidance for cases considering whether an employer unreasonably exposed employees to COVID-19 (which I wrote about here), although it’s easy to imagine scenarios where inspectors could be called upon to investigate both types of potential violations. OSHA states this guidance will remain effective until the present public health crisis ends, unless revised again.

Read More

Tags: Health & Safety, OSHA, Coronavirus, Safety and Health at Work, Workplace hygiene, Covid-19

Coming out of the COVID-19 lockdown: Issues and challenges facing Canadian employers

Posted by BLG’s Labour and Employment Group on Mon, May 25, 2020

As Canadian employers begin to engage in the “re-opening” of the local economy, they face numerous legal and logistical challenges. Health and safety, privacy and human rights issues abound, and further uncharted waters lie ahead.

BLG’s Labour and Employment team provides a non-exhaustive list below of issues and challenges employers need to keep in mind.

Compliance with employee health and safety and public health requirements

Until effective vaccines and/or therapies for COVID-19 become available, employers will need to continue taking all reasonable steps to ensure that their workplaces are compliant with public health guidelines and requirements as well as their obligations to protect the health and safety of employees. Employers will need to remain current and proactively assess their workplaces, and make modifications in planning for the return of their employees. This will affect physical workspaces and require that employees are properly informed, equipped and monitored to ensure compliance.

Read More

Tags: Business & Legal, Covid-19, Employment, Employment Law, Labour & Employment

OSHA issues interim enforcement procedures for COVID-19 cases

Posted by Jon Elliott on Wed, Apr 22, 2020

I wrote recently about guidance from the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC) to help employers protect their workers against COVID-19 (coronavirus) infection. (see HERE). 

Read More

Tags: OSHA, Coronavirus, CDC, Covid-19, Compliance Safety