Photo of Courtney M. Malveaux

Courtney M. Malveaux is a Principal in the Richmond, Virginia, office of Jackson Lewis. P.C. He co-leads the firm’s Workplace Safety and Health Practice Group and the firm’s Construction Industry Group. His practice focuses on representing employers cited by the Occupational Safety and Health Administration and other regulatory agencies, oftentimes following catastrophic incidents.

Mr. Malveaux advises and represents employers in employment law matters, including retaliation claims, employment discrimination, unemployment benefits and wage claims. He also represents business associations in state and federal legislative and regulatory matters, and he has testified before Congressional and state legislative committees on workplace safety  and health matters.

Mr. Malveaux represents industry on the Virginia Safety and Health Codes Board, and pulled together a broad coalition of business and safety associations to pass laws in four states to make voluntary compliance a permanent part of a state Occupational Safety and Health Act.

Before joining Jackson Lewis, Mr. Malveaux enforced occupational safety and health law and other state and federal labor laws as Virginia’s Labor Commissioner while also serving as President of the National Association of Government Labor Officials.

The Centers for Disease Control and Prevention (CDC) has offered new COVID-19 guidance indicating that fully vaccinated individuals no longer need to wear masks or maintain physical distance from others in most settings. However, questions about employers’ compliance obligations and general duty expectations under the Occupational Safety and Health Act of 1970 (OSH Act) remain.

On July 15, 2020, Virginia became the first state in the nation to promulgate an Emergency Temporary Standard to address COVID-19 in workplaces. Even with vaccine deliveries on the way, Virginia has proposed a Permanent Standard for consideration by the Virginia Safety and Health Codes Board (which includes author Courtney Malveaux).

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Virginia Governor Ralph Northam has issued Executive Order Number Seventy-Two, expanding face covering requirements, reducing allowable social gatherings, and directing Virginians to remain at home after midnight. The Order also states that individuals who decline to wear a face covering due to a medical condition are not required to produce medical documentation verifying their