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Politics & Policy
ABC Slams OSHA’s Worker Walkaround Rule for Failing to Promote Workplace Health and Safety
State Off-Year Elections Deliver Losses To GOP Heading Into 2024
ABC’s November Regulatory Roundup—Learn About the Latest Developments Affecting the Construction Industry
Safety
Utilize Software To Achieve Your Safety Goals
OSHA Extends Comment Period on OSHA Walkaround Proposed Rule to Nov. 13
ABC Expresses Serious Concerns to Congress About OSHA Worker Walkaround Rule
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Nearly 350 ABC Leaders Gather in Washington for Annual Legislative Conference
ABC Members Rank Among ENR’s Top 400 Contractors
Trades Day: Industry Outreach Opportunity With Meaning
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Ed Capodanno Honored by Delaware State Legislature
Election Update: ABC Staff and Members Elected in 2022
California Targets Workplace Cannabis Testing
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ABC Honors 3 New Applicants With the AQC Credential in October
Graham Roofing Earns the AQC Credential in September
ABC's Construction Executive Magazine Wins Silver in Publishing Competition
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ABC-Supported Legislation To Overturn the Northern Long-Eared Bat’s Endangered Species Listing Heads to President Biden’s Desk
ABC Advocates for Solutions to Workforce Shortage at U.S. House Committee Roundtable
Smucker Introduces the ABC-Supported Main Street Tax Certainty Act
Regulations
NLRB Extends Effective Date of the Joint Employer Final Rule to Feb. 26, 2024
DOL’s Unlawful Proposed Overtime Rule Will Disrupt Construction Workers’ Workplace Flexibility
Workforce Development
Register Now for ABC’s Construction Inclusion Week Webinar Series
DOL High Road Workforce Development Program Map Snubs Nonunion Programs
LISTEN: How to Design an Effective Technology Adoption Strategy
On April 13, the U. S. Department of Labor’s Occupational Safety and Health Administration issued an interim enforcement response plan with instructions and guidance to OSHA Area Offices and compliance safety and health officers for handling coronavirus-related complaints, referrals and severe illness reports. The vast majority of OSHA’s interim enforcement response plan focuses on how to conduct inspections in the health care industry as opposed to general industry or construction.
According to an analysis written by ABC general counsel Littler Mendelson P.C., “the plan expressly modifies portions of the Field Operations Manual that detail how OSHA will process and handle investigations. The plan makes clear that OSHA will conduct significantly fewer on-site investigations, handling most through the informal process of calling employers followed by faxing or emailing an informal complaint. In line with existing procedures for nonformal complaints, if an employer provides a sufficient response, OSHA will close the complaint and not proceed to an on-site inspection…Even if an on-site investigation does occur, the plan directs that Area Offices ‘maximize the use of electronic means of communication (remote video surveillance, phone interviews, email correspondence, facsimile and email transmittals of documents, video conferences, etc.).’ Additionally, OSHA will prioritize enforcement related to healthcare and emergency response sectors, with the plan providing significant detail on how compliance safety and health officers are to conduct those investigations.”
The Littler analysis further states, “Formal complaints alleging unprotected exposures to COVID-19 for workers with a high/very high risk of transmission—i.e., healthcare organizations and first responders—will get top CSHO priority for investigation along with the possibility of an on-site inspection. All other complaints, whether formal or non-formal, ‘will not normally result in an on-site inspection’ and will be processed in the ordinary course, but with new procedures focused on minimizing in-person contacts. This approach does not mean, however, that OSHA will not take all complaints seriously and continue to conduct on-site inspections.”
Additional highlights of the agency’s guidance include the following:
For additional OSHA resources, visit the agency’s coronavirus webpage.
This article is intended for informational purposes only and does not constitute legal advice or opinion.