Although not typically thought of as a hotbed of OSHA/Employment law activity, access to bathrooms by both employees, as well as members of the public, has become a high profile issue of late. OSHA has always required...more
11/30/2016
/ Access to Employer Facilities ,
Americans with Disabilities Act (ADA) ,
Employee Restrooms ,
Gender Discrimination ,
Gender Identity ,
OSHA ,
Right of Access ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Webinars
OSHA’s new electronic injury recordkeeping rule includes anti-retaliation provisions that create new employer obligations and prohibitions related to internal employee injury reporting procedures, and expands OSHA’s...more
Texas District Court Enjoins the Administration from Enforcing the Federal Government Contractor “Blacklisting” Provisions of the Federal Acquisition Regulatory Council’s New Final “Fair Pay and Safe Workplaces” Rule.
On...more
11/8/2016
/ Blacklist ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Labor Law Violations ,
OSHA ,
Pay Transparency ,
Preliminary Injunctions ,
Reporting Requirements
What has evolved (or devolved) into perhaps the most controversial election in American history, could translate in a couple of months into a whirlwind for labor and workplace safety policy. Stark differences between the...more
OSHA compliance issues have been long ignored in the due diligence process for mergers, acquisitions and divestitures. With OSHA’s new focus on follow-up inspections and Repeat citations, and expanding the concept of...more
10/24/2016
/ Abatement ,
Citations ,
Compliance ,
Divestiture ,
Due Diligence ,
Employer Liability Issues ,
Health and Safety ,
OSHA ,
Penalties ,
Safety Inspections ,
Safety Violations ,
Successor Liability ,
Webinars
OSHA has once again delayed enforcement of the controversial anti-retaliation provisions of its new electronic injury and illness recordkeeping rule. OSHA issued its second delay of the effective date of enforcement of this...more
With the harvest upon us in California wine country, now is a great time to remind wineries and vineyards operating within the Golden Gate of those Cal/OSHA standards most often cited against this industry. The California...more
In just a couple of weeks, we will have the opportunity to enter the voting booth, and cast a ballot to elect the next President of the United States. The platforms and proposed polices of the candidates are more divergent...more
Employers must beware as the U.S. Department of Labor (“DOL”) cracks down on what it perceives as rampant misclassifying employees as contractors and shirking other responsibilities, such as safety training, because a worker...more
OSHA’s recent Injury and Illness Recordkeeping reform has created quite a stir for employers. As we discussed in an earlier article about the new Recordkeeping rule, OSHA now requires employers to electronically submit to...more
8/30/2016
/ Administrative Procedure Act ,
Anti-Retaliation Provisions ,
Drug Testing ,
Electronic Filing ,
Executive Compensation ,
Final Rules ,
Incentives ,
OSHA ,
Preliminary Injunctions ,
Recordkeeping Requirements ,
Workplace Injury ,
Workplace Safety
You just received a set of OSHA citations in the mail. What now? Should we accept the citations and pay the penalty? Should we participate in an Informal Settlement Conference with the OSHA Area Office? Should we contest...more
8/24/2016
/ Citations ,
Employer Liability Issues ,
Enforcement Actions ,
Labor Law Violations ,
OSHA ,
Penalties ,
Webinars ,
Workplace Injury ,
Workplace Investigations ,
Workplace Safety ,
Wrongful Death
In March 2015, the U.S. Supreme Court issued its decision in the closely watched Perez v. Mortgage Bankers. The Court’s decision killed a longstanding doctrine, set by the D.C. Circuit, that changes to federal agency rules,...more
On June 30, 2016, the U.S. Department of Labor issued an Interim Final Rule to implement the Federal Civil Penalties Inflation Adjustment Improvements Act passed last Fall as part of the highly publicized “Bipartisan Budget...more
The state of California’s Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, is perhaps the most aggressive and enforcement heavy approved state OSH program. Cal/OSHA faces many fewer bureaucratic...more
7/7/2016
/ Administrative Appeals ,
Citations ,
Employer Liability Issues ,
Federal v State Law Application ,
Health and Safety ,
Heat Exposure ,
Labor Law Violations ,
OSHA ,
Reporting Requirements ,
Webinars ,
Workplace Investigations ,
Workplace Safety
OSHA is attempting to reap the policy-making benefits of a Supreme Court decision that lets regulatory agencies offer new (even contradictory) interpretations of existing rules without following the Administrative Procedure...more
The one question I have been asked more than any other about OSHA’s new final rule for injury and illness recordkeeping electronic submission (aka the “Improve Tracking of Workplace Injuries and Illnesses” Rule), is whether...more
As the clock winds down on the Obama Administration, OSHA has been rushing out a series of proposed amendments to its Injury & Illness Recordkeeping regulations (29 C.F.R. Part 1904). Among them is a new final rule to...more
In a May 11, 2016 press release, the Labor Department announced its latest effort to “nudge” employers to operate safer workplaces by way of issuing OSHA’s controversial final rule for injury and illness recordkeeping...more
In the last few months, hardly a day has gone by without some news regarding transgender bathroom access. Perhaps the catalyst for the increased attention on this issue was North Carolina’s passage of its controversial H.B....more
As we discussed in a recent webinar, employers are facing an increased risk of defending a retaliation complaint as administrative policy changes and expansive federal laws make asserting these claims easier for employees....more
Perhaps the most significant safety related regulatory reform during the Obama Administration has been the amended Hazard Communication Standard, bringing OSHA’s chemical Right-to-Know regulation more in line with the United...more
Earlier this year, we wrote about a very significant rulemaking to amend OSHA’s injury and illness recordkeeping regulations to require employers to proactively submit their injury logs and reports to OSHA on a regular and...more
OSHA has issued its long-sought – and heavily disputed – new regulation aimed at reducing worker exposures to crystalline silica dust, cutting the Permissible Exposure Limit (PEL) in half for general industry, construction...more
In what can only be viewed as another example of OSHA’s inability to effectively advance its rulemaking agenda, OSHA recently withdrew from the Office of Management and Budget (OMB) review of its quarter-century-in-the-making...more
President Obama has tapped a moderate in Judge Merrick Garland, the Chief Judge of the U.S. Court of Appeals for the D.C. Circuit, for the U.S. Supreme Court vacancy left by the late Antonin Scalia....more