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OSHA Issues Memo Regarding Discretion in Enforcement When Considering an Employer’s Good Faith Efforts During COVID-19

Client Alert | 1 min read | 04.20.20

On April 16, 2020, OSHA issued guidance entitled, “Discretion in Enforcement when Considering an Employer's Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic” to announce that it will assess during an inspection an employer's efforts to comply with standards that require annual or recurring audits, reviews, training, or assessments in considering whether a citation should issue for non-compliance. The following were offered as examples:

  • Annual Audiograms
  • Annual Process Safety Management Requirements (Process Hazard Analysis (PHA) Revalidation, Review of Operating Procedures, and Refresher Training)
  • Hazardous Waste Operations Training
  • Respirator Fit Testing and Training
  • Maritime Crane Testing and Certification
  • Construction Crane Operator Certification
  • Medical Evaluation

Compliance officers will evaluate whether the employer thoroughly explored all options to comply with the applicable standard(s); any interim alternative protections implemented or provided to protect employees, such as engineering or administrative controls; and whether the employer took steps to reschedule the required annual activity as soon as possible. Where an employer cannot comply with OSHA’s requirements because local authorities required the workplace to close, the employer should demonstrate a good-faith attempt to meet the applicable requirements as soon as possible following the re-opening of the workplace.

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Client Alert | 1 min read | 08.10.26

ASBCA Denies Government Motion to Dismiss, Providing Key Guidance on Contractor Claim Standards Post-ECC International

In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer. ...