Recent OSHRC Decisions Reinforce the Principle that Unsafe Employee Conduct May Mitigate Against Reasonable Employer Safety Precautions in the Context of OSHA Citations

On September 21, 2020, the Occupational Safety and Health Review Commission (OSHRC) unanimously vacated two machine-guard citations levied against employers by the Occupational Safety and Health Administration (OSHA) and substantially reduced the penalty imposed in a third case, holding that more weight should have been given to unsafe employee behavior. This blog entry provides a brief synopsis of each of these matters and examines the key takeaways.

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OSHA Issues New FAQs Regarding Face Coverings Amidst Employees’ Return to the Workplace

On June 10, 2020, the Occupational Safety and Health Administration (OSHA) published a series of frequently asked questions and answers (FAQs) regarding the recommended use of surgical masks, cloth face coverings, and respirators in the workplace in the wake of ongoing health concerns arising from the continued spread of COVID-19. The new guidelines recognize that as many workers begin to return to their places of employment throughout the United States, some may be wearing masks in the workplace for the first time. The FAQs embody the most recent guidance from OSHA addressing protective measures for the workplace during the coronavirus pandemic.

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