Labor Week: AZ, SC, UT at Risk of Losing Workplace Safety Regulation Authority, Workers’ Comp Cost Savings from Vaccine Mandate & More

OSHA Could Strip Workplace Safety Regulation Authority from AZ, SC, UT:

The Occupational Safety and Health Administration is poised to begin the process of revoking the authority of Arizona, South Carolina, and Utah to regulate workplace safety, due to the states’ failure to adopt certain coronavirus protection policies.

The three states are among 21 that have OSHA-approved plans allowing them to regulate workplace safety themselves. But federal law requires those plans to be at least as effective as federal regulations, and the three states have failed to implement a rule comparable to one the agency issued in June requiring employers to take certain coronavirus-related safety measures, such as providing PPE.

OSHA intends to formally announce a proposal to reconsider the states’ self-regulation authority in the Federal Register. A 35-day comment period will be required before the proposal can be finalized.

That impending action comes as the agency is preparing to issue a rule mandating that businesses with 100 or more employees require their workers to be vaccinated for COVID-19 or submit to regular testing, which some states have said they plan to challenge in court. (NEW YORK TIMES, OSHA)

Biden Vaccine Mandate Will Save Workers’ Comp More Money than Will Cost:

Cost savings to the workers’ compensation system from President Biden’s COVID-19 vaccine mandate - as a result of lower transmission and hospitalization rates - “will far outweigh” the costs of vaccine injuries due to adverse reaction, according to Insurance Journal. The publication estimated the mandate would reduce COVID-19 losses in California by about $63 million per month, which would ultimately exceed its estimate of total vaccine injury losses for the entire country for the year of $726 million. (INSURANCE JOURNAL)

Vaccine Mandate for All Municipal Workers in NYC:

New York City Mayor Bill de Blasio has announced a COVID-19 vaccination mandate for all municipal employees, requiring them to show proof of receiving a first dose by Oct. 29 or be put on administrative leave. Employees who get their first dose between Oct. 20 and Oct. 29 will receive a $500 bonus. (SHRM)

TX Gov Defies Biden Vaccine Mandate:

In a direct challenge to President Biden’s COVID-19 vaccine mandate, Texas Gov. Greg Abbott (R) issued an executive order making businesses in the state subject to fines of $1,000 for ordering their workers to get a COVID-19 vaccine. Legal experts say federal vaccine rules supersede the governor’s order. (DALLAS MORNING NEWS)

VA Adopts Prevailing Wage Law:

Virginia has adopted a prevailing wage law requiring contractors and subcontractors on public projects for the state to pay prevailing wage rates to anyone who works on those projects. The statute doesn’t apply to public contracts with local governments or to contracts valued at $250,000 or less. (SHRM)

-- Compiled by KOREY CLARK