Last month in our March 21st Conversations with Mike and Tony, along with some recent changes to OSHA penalties and recent data on job injuries, we also talked about the fact that David Keeling was nominated by President Trump to head the Occupational Safety and Health Administration (OSHA). His confirmation by the Senate is still pending, but what might Mr. Keeling consider changing?

In the wake of the 2024 elections, the impact of the Trump administration on the Occupational Safety and Health Administration (OSHA) is poised to undergo significant shifts. Traditionally a cornerstone of American workplace safety, OSHA's regulatory framework may experience a noticeable pivot towards deregulation. This anticipated move reflects the administration's historical stance on reducing government intervention in business practices. 

As 2024 ended, the Bureau of Labor Statistics (BLS) published its annual report on workplace fatalities and injuries that occurred the prior year (2023). There was a total of 5,283 workplace deaths that year. Fatalities dropped 3.7% from 2022. This report provides a lot of details, some of which we report below. More complete information is available at the BLS website.

Michigan employers may not “discharge an employee or in any manner discriminate against an employee because the employee files a complaint” under the state’s safety and health law. An employee that may have suffered an adverse employment action against them because of involvement in a safety complaint may bring a complaint to the Michigan Department of Labor and Economic Opportunity within thirty (30) days after the violation. This will lead to a MIOSHA investigation and...

The legalization of marijuana use, either for medical, recreational, or both, has led to an increase in positive marijuana tests as reported by Quest Diagnostics. In 2019 the percentage of positive tests was 3.1%. In 2023 the number rose to 4.5%. However, the number of positive tests is not the only thing that has gone up. The number of workers cheating on their drug tests has also risen.

The Netflix show, Baby Reindeer, is a fictionalized story based on a real-life stalking incident. It tells the story of a struggling comedian, Donny Dunn, who meets a woman, named Martha, in a pub where he works as bartender. Martha then begins harassing and stalking Donny, his friends, and his family. It turns his life upside down. In real life, there are employment laws that address stalking and/or domestic violence situations involving employees, and it’s important that employers...

It’s summertime and parties, vacations, weekend get-a-ways, and public celebrations are increasing.  We are more likely to relax and let our guard down as we enjoy barbeques, birthday parties, or family get togethers. One thing we should not let our guard down on is drug and alcohol testing.

On May 2, 2024, OSHA provided guidance on whether musculoskeletal injuries are recordable under three treatment scenarios: first aid, Active Release Technique [“ART”] (massage that targets soft tissues), and exercises and stretching.

There is an excessive heat warning this week in Michigan, and ensuring the safety and well-being of employees working outdoors is a critical responsibility for employers. Heat-related illnesses, such as heat exhaustion and heat stroke, can pose serious health risks. To protect outside workers from the heat, employers must implement comprehensive strategies that address hydration, acclimatization, work schedules, protective clothing, and training.

The U.S. Department of Justice has issued a notice of proposed rulemaking that would reclassify marijuana from a Schedule I narcotic down to a Schedule III drug. Schedule I controlled substances are in the “mean street neighborhood” including heroin, LSD, and other drugs with “no currently acceptable medical use or treatment.” Schedule III drugs, on the other hand, where it is proposed marijuana be moved to is in a “friendlier neighborhood” of classified...

On Friday, the Occupational Safety and Health Agency (OSHA) issued final “walk around” rules that will allow persons such as union representatives/activists or other third parties to accompany OSHA Inspectors into non-union workplaces (onto private property) to walk with them during safety inspections. “The new rules give the employer and the employee the right to authorize a representative to accompany the OSHA official during a workplace inspection.” The final rule...

It's been almost exactly four years since the onset of the COVID-19 pandemic reshaped the American work environment. Over this period, the Centers for Disease Control and Prevention (CDC) has provided crucial guidance, navigating us through various stages of precautionary measures, from mask mandates to their relaxation and vice versa. On March 1, 2024, the CDC introduced a significant alteration to its isolation recommendations for individuals infected with COVID-19.

Traliant, an innovator in online compliance training and ASE partner, announced its new workplace report, Fear Factors: A 2024 Employee Survey Report on Workplace Violence, Harassment, and Mental Health. Compiled from a survey of over 1,000 employees in the U.S., the study assesses the reality of how employees are experiencing workplace violence, misconduct, and mental health in the workplace. Most notably, the survey revealed almost 1 in 4 respondents have witnessed workplace violence...

Now that marijuana has been legalized for recreational use in Michigan and 23 other states and all 50 states have legalized some form of use – from CBD oil only to medical marijuana to fully legalizing use – employers are wondering if they should continue to have applicants/employees submit to drug tests.

Michigan, with its bustling automotive, manufacturing, and construction sectors, has a significant portion of its workforce exposed to high noise levels. A Hearing Conservation Program (HCP) is a crucial tool for employers to protect their workforce from noise-induced hearing loss (NIHL) and ensure a safe, productive work environment.

Are your employees and managers using marijuana on the job? With more and more locations making marijuana use legal for medical and/or recreational use, it is quite possible. In fact, in one article by the Wall Street Journal, an employee admitted to not only smoking marijuana on the job and in front of his boss, but also to sharing it with his boss.

Allergies seem to be at a peak this year.  Pollen season has started earlier and earlier in the past years, especially exacerbated by the mild winters.  Generally, allergy season is April to June, but it continues to start earlier and end later.  A study published in the Journal Proceedings of the National Academy of Sciences in 2021 found that the North American pollen season starts earlier and lasts longer than it did in 1990, with higher concentrations of pollen. Not good...

Recognizing when an employee is experiencing a mental health crisis can be challenging, as employees may not always feel comfortable disclosing their mental health concerns. However, there are some signs and symptoms that employers and managers can look out for.

The mental health crisis in the U.S. is not going away anytime soon, and managers are on the front lines of a rapidly evolving mental health crisis in the workplace often without the resources they need to support workers. That’s according to the findings of Lyra Health’s 2023 State of Workforce Mental Health Report. The third annual survey compiles responses from more than 2,500 employees and 250 employee benefits leaders.

Toxic work culture is the number-one reason employees leave jobs and is the cause for many employee health issues. A toxic workplace is an environment where employees are subjected to harassment, discrimination, or bullying. It can also be a place where the employee is micromanaged or has a hostile work environment. Employees often feel unsafe or uncomfortable causing stress, anxiety, and depression.

As we enter the new year, and the fourth year of the pandemic, the COVID-19 virus continues to mutate. Two new Omicron subvariants, known as XBB and XBB.1.5 – unofficially nicknamed “Kraken” by some scientists – have emerged as the most transmissible strains to date. The Center for Disease Control and Prevention (CDC) estimates that these new strains account for close to 50% of current COVID-19 infections and are leading to a spike in infections.

Six employer groups representing large companies have sent a letter urging Congress to act on passing measures that would address the nation’s mental health and substance abuse crisis before the end of the year.

On July 23, 2022, the Director of the World Health Organization (WHO) declared Monkeypox Virus (MPV) a public health emergency of international concern. A growing number of states, including California, Illinois, and New York, have declared a state of emergency. On August 4, 2022, the U.S. Federal Government declared MPV a public health emergency.  Such a designation permits greater access to funding, increased vaccine production and distribution, data sharing, and the like.

New research from employee benefits provider Unum shows over half (56%) of U.S. workers, primarily Millennials and Gen Z, felt mentally unwell in the previous year. Additionally, 42% of employees said they needed to take time off from work to deal with their mental health. Fortunately, 71% of workers believe their employer is more concerned about employees’ mental health than they were in the past according to the recently released 2022 Work and Well-being Survey from American...

As more and more states are legalizing the use of marijuana for medical use, recreational use, or both, employers are facing more challenges with maintaining workplace safety while avoiding the pitfalls of laws that are employee friendly to users of marijuana.