It’s August, and it’s hot outside. Even Congress, which has a high tolerance for hot air, is taking a month’s long recess to avoid the hot and humid DC swamp. This has not stopped the lobbying process, however, as Public...more
Your employees could be at a heightened risk for developing an addiction to opioids after a workplace injury. Now is the time to take measures to minimize the risk of this happening to them.
It is well known that...more
After the Sixth Circuit Court of Appeals’ decision in Jones Brothers, Inc. v. Sec’y of Labor, citations upheld by administrative law judges within the Federal Mine Safety and Health Review Commission (“FMSHRC”) may be...more
8/3/2018
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appointments Clause ,
Citations ,
Lucia v SEC ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
OSHA ,
OSHRC ,
Securities and Exchange Commission (SEC)
Over the last few years, there has been debate regarding whether ALJs are “inferior officers” under the Appointments Clause of the Constitution. This provision provides that officers, including inferior officers, may only be...more
8/2/2018
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appeals ,
Appointments Clause ,
Citations ,
Coal Industry ,
Enforcement Actions ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Securities and Exchange Commission (SEC)
It might sound crazy, but the Occupational Safety and Health Administration (OSHA) may now be receiving whistleblower complaints over the phone. This follows a recent ruling from a federal court in Wisconsin, which made it...more
Two recent cases should remind employers to contest OSHA citations quickly to prevent the citations from becoming final. It’s an uphill battle if your notice of contest is submitted late.
Employers Have 15 Working Days to...more
Administrative Law Judges are increasingly exercising their discretion to waive mandatory settlement conferences for Occupational Safety and Health Administration (OSHA) citation contests with large penalties. The increased...more
On April 30, the Occupational Safety and Health Administration (Fed-OSHA) reversed course and issued a press release announcing that employers in all state-plan states must implement Fed-OSHA’s new electronic recordkeeping...more
It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more
4/18/2018
/ Audits ,
Collective Actions ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Good Faith ,
Human Resources Professionals ,
Internal Audit Functions ,
Job Descriptions ,
Liquidated Damages ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Payroll Records ,
Primary Duty Test ,
Risk Mitigation ,
Wage and Hour
As mass shootings have continued with regular frequency in the United States, our country remains deeply divided, not only with the cause of these tragic events, but also on how to stop them from occurring. Many have called...more
2/27/2018
/ Civil Liability ,
Concealed Weapons ,
Employees ,
Employer Liability Issues ,
Firearms ,
General Duty Clause ,
Gun Laws ,
Liability Insurance ,
Mass Shootings ,
Negligence ,
OSHA ,
Risk Assessment ,
Workplace Violence
On February 21, the Occupational Safety and Health Administration (OSHA) issued new interim enforcement procedures, provided below, regarding failure to submit electronic injury and illness records.
In 2016, OSHA adopted a...more
Until 2015, it was the practice of the Occupational Safety and Health Administration (OSHA) to look back only three years to establish “repeat” violations under the Occupational Safety and Health Act (OSH Act). In 2015, OSHA...more
It’s that time of year again: for employers to celebrate the successes of the prior year and make plans and resolutions for the new one. But OSHA and MSHA are making New Year’s resolutions, too, and employers are well-advised...more
12/11/2017
/ Budget Cuts ,
Citations ,
Consultation ,
Electronic Reporting ,
Inspections ,
Investigations ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
OSHA ,
Reporting Requirements ,
Safety Standards ,
Silica ,
Trump Administration ,
Willful Violations ,
Workplace Exam Standards ,
Workplace Safety