Pregnant Workers Fairness Act (PWFA) Goes Into Effect

On June 27, 2023, the Pregnant Workers Fairness Act that was signed into law in December 2022 went into effect. Under the law, the PWFA requires “Covered employers” to provide “reasonable accommodations” for the workers limitations during pregnancy unless the accommodation will cause the employer undue hardships. According to U.S. Equal Employment Opportunity Commission (EEOC), “Covered employers include private and public sector employers with at least 15 employees, Congress, Federal agencies, employment agencies, and labor organizations.” Some examples of reasonable accommodations that may be explored include:

• Altering scheduled break routines
• Changing of work schedules
• Variances to food and/or drink policies
• Scheduling for medical appointments or childbirth recovery

Click here to review additional information regarding the PWFA and for access to resources such as posters, videos, and training materials.

2023 OSHA 300A Posting and Reporting

Welcome to 2023! It’s time again to prepare, certify and post your OSHA 300A Annual Summary of workplace injuries and illnesses in your workplace? It’s required for all U.S. employers, except those with ten or fewer employees or those whose NAICS code is in the set of low-hazard industries that are exempt from OSHA’s injury and illness recordkeeping requirements. If employers in State Plan states (e.g. Washington) have questions about their obligation to submit injury and illness information, please contact your State Plan office.

Your workplace Annual Summary must be posted from February 1st to April 30th. Electronic reporting is also due by March 2nd for employers with 20 or more employees.

For the PDF versions of the OSHA 300 forms series, click here or for more information on OSHA 300 reporting click here.

EPA Expands Definition of “Waters of the United States”

Effective March 20, 2023, the portion of waters of the United States (WOTUS) subject to federal regulatory control under the Clean Water Act (CWA) will be increasing.  This is the latest iteration of the rule, which the Environmental Protection Agency and Corps of Engineers describe as “a clear and reasonable definition of waters of the United States” designed to “reduce the uncertainty from constantly changing regulatory definitions that has harmed communities and our nation’s waters.”

As before, wetlands adjacent to traditional navigable waters, territorial seas, or interstate waters are under jurisdiction of the CWA.  The new rule will include tributaries that flow into these waters, as well as nearby wetlands, depending on their permanence and interconnectedness.  If the waters are “relatively permanent” or can “significantly affect WOTUS”, private and public parties performing work in or near these new waters may be subjected to regulations and permitting under the CWA.  These waters can include, naturally occurring ditches, prairie potholes, ephemeral drainages, and low spots on farmlands, and can be considered “relatively permanent” if continuous flow exists at any time during a year.  Significant potential effects include nutrients, sediment, temperature, and pollutants.

Additional information on this rule can be found here: https://www.epa.gov/wotus/revising-definition-waters-united-states