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Jun 02 2022
Safety and HealthWashington

WASHINGTON: Emergency wildfire smoke regulations issued

On June 1, 2022, Washington’s Department of Labor and Industries (L&I) issued emergency regulations requiring employers to protect workers from wildfire smoke. The rules are effective June 15, 2022, through September 29, 2022. Vigilant will publish an Alert on the Washington emergency wildfire smoke rules in the next few days and update our Model Policy,…

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Jun 02 2022
Safety and HealthWashington

WASHINGTON: Emergency rules for outdoor heat exposure published

On June 1, 2022, Washington’s Department of Labor and Industries (L&I) released emergency rules for outdoor heat exposure. The emergency rules will be effective starting on June 15, 2022, until September 29, 2022. The rules temporarily expand Washington’s permanent outdoor heat exposure rules, which are in effect annually from May 1 through September 30. We…

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Jun 02 2022
COVID-19Safety and HealthWashington

WASHINGTON: COVID-19 temporary worker housing rules updated 5/20

On May 20, 2022, Washington’s Department of Labor & Industries (L&I) and Department of Health (DOH) made yet another update to the emergency COVID-19 (coronavirus) safety rules for temporary worker housing (TWH) in the agriculture industry. The rules took effect immediately. Here are the important changes: Education on exposure and testing positive: The previous version of the rules…

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May 26 2022
WashingtonWorkers’ Comp

Workers’ comp partner or program? It’s in your control.

Many business leaders we’ve recently spoken with have expressed frustration with the Washington workers’ compensation system. The sources of this frustration most often come down to an inability to understand and control this key and costly area of their business, difficulty working with the Department of Labor & Industries (L&I), and a lack of effective…

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May 19 2022
OregonSafety and Health

OREGON: Permanent wildfire smoke rules effective July 1, 2022

On May 10, 2022, Oregon OSHA adopted permanent regulations to address workers’ exposure to wildfire smoke. The rules go into effect July 1, 2022, and apply to all outdoor workers who are exposed to wildfire smoke where the ambient air concentration for fine particulate matter equals or exceeds an Air Quality Index (AQI) value of…

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May 19 2022
DisabilityLeave Laws

ADA claims don’t require long-term limitations

The U.S. Ninth Circuit Court of Appeals recently ruled that the federal Americans with Disabilities Act (ADA) doesn’t require an employee to have long-term medical issues in order to establish a disability. The employee in this case was a newly hired HR generalist who was approved for an eight-week leave of absence following a bone…

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May 19 2022
OregonSafety and Health

OREGON: Permanent heat illness rules take effect June 15, 2022

Oregon OSHA recently adopted permanent heat illness prevention rules, which apply to all workplaces (general industry and agriculture), as well as employer-provided housing, effective on June 15, 2022. In 2021, Oregon OSHA created temporary heat illness rules (as we reported in an Alert last year), but they expired. When the permanent rules go into effect,…

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May 05 2022
Affirmative ActionHiringWage and Hour

Federal contractors settle group hiring and pay claims with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) recently secured three significant settlements from employers with federal contracts. The companies didn’t admit liability, but signed conciliation agreements after routine affirmative action audits uncovered disparities in hiring and compensation. IQVIA Inc. agreed to pay $550,000 in back wages and interest to resolve allegations that it discriminated…

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May 05 2022
HiringLeave LawsTermination & Resignation

Q&A: Temporary protected status may extend work authorization

Question: Last year during the I-9 process, a new hire showed me a Form I-766 (Employment Authorization Document) as proof of eligibility to work. The card is expiring soon and I’ve asked for updated documentation to reverify their authorization to work, but they say they don’t have any new documents. Will I have to terminate…

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May 05 2022
COVID-19Hiring

Form I-9 remote inspection extended again, until October 31, 2022

The Department of Homeland Security (DHS) has again extended its temporary relaxation of the standards for physically inspecting a new worker’s employment eligibility documents when completing the Form I-9. This extension of the relaxed standard now expires on October 31, 2022. As we originally reported, DHS relaxed the requirement for employers operating remotely and unable to physically inspect documents…

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May 05 2022
ArizonaCaliforniaIdaho

Prepare for heat illness prevention

As summer approaches, now is the time to review your safety plans for protecting workers from heat illness hazards. California and Washington have state-specific heat stress regulations and directives that you must follow, while Arizona, Idaho, and Montana follow federal law. Meanwhile, Oregon is in the process of developing permanent standards. Here are the key…

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Apr 25 2022
Safety and HealthWashingtonWorkers’ Comp

Pssst! The secret to lowering workers’ comp premiums

The most impactful way to lower workers’ compensation costs, the secret ingredient if you will, is to prevent injuries in the first place. The Vigilant safety team spends all day everyday doing just that with hundreds of companies. We’ve learned 4 key things about preventing injuries: Establish and maintain a culture of care. At its…

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