Many businesses are permitting employees to work from home in response to COVID-19 and many more will do so particularly as states like New York have and/or will be restricting the number of employees at the worksite....more
It is not unusual for OSHA to request “enhanced abatements” when resolving citations. Enhanced abatement is when an employer agrees to perform certain abatement actions beyond the recognized hazard in the specifically cited...more
As the evolving coronavirus virus (COVID-19) first discovered in China continues to grow in both China and other countries including the United States, businesses here need to consider a number of factors in preparing a...more
2/27/2020
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Employer Liability Issues ,
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Workplace Safety
As mentioned in our last blog, the time for covered employers to post the OSHA 300A Summary is from February 1 to April 30. It is also a good time to revisit the issue of what kinds of injuries and illnesses should be...more
It’s that time of year again – for covered employers to post the OSHA 300A, i.e., a summary of the total number of job-related injuries and illnesses that occurred last year. The OSHA 300 Log is not required to be posted,...more
As we start the new year, following the Federal Civil Penalties Inflation Adjustment Act which Congress passed in 2015, OSHA announced revised increased maximum penalty levels effective January 15, 2020:-...more
OSHA recently announced it redesigned the website for its Whistleblower Protection Program which is found at https://www.whistleblowers.gov/
The website now includes a video that highlights the industries the program...more
Most employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. However, minor injuries requiring only “first aid” generally do not need to be recorded. OSHA’s...more
Although there is no specific standard generally covering distracted driving, OSHA has made clear that the general duty clause may apply. Indeed, OSHA has stated that more workers are killed each year in motor vehicle crashes...more
Last month, OSHA published its final rule revising the electronic recordkeeping requirements. The final rule rescinds the requirement for establishments with 250 or more employees to electronically file information from OSHA...more
In Will Smith’s hit movie, I, Robot set in 2035 robots were allegedly governed by the Three Laws of Robotics which were originally created by Isaac Asimov. The first law states, “[a] robot may not injure a human being or,...more
According to a recent report by Bloomberg Law, OSHA used camera-equipped drones for nine inspections so far in 2018. The Bloomberg report cites to OSHA guidance that indicates the drones were often used at worksites following...more
Some may remember in 2008, OSHA issued a general duty citation against a national retail store when one of its employees was knocked to the ground and crushed by a crowd of about 2,000 shoppers surging into the store for a...more
According to initial data from OSHA, workplace inspections under the Trump administration in the fiscal year 2018 are about the same as in the final year of the Obama administration. OSHA has conducted 32,020 inspections in...more
On July 20, 2018, OSHA published a proposed rule to rescind the requirement for establishments with 250 or more employees to electronically submit information from the OSHA 300 Log and 301 form and added a requirement for...more
The Angelica Textile case had been kicking around OSHA for almost ten years before it was decided by the Occupational Safety and Health Review Commission on June 24th by a 2-1 vote with Commissioner James Sullivan, the newest...more
As a reminder to establishments with 250 or more employees that are currently required to keep OSHA injury and illness records and establishments with 20-249 employees that are classified in specific industries with...more
Most employers are required to keep OSHA injury and illness records for each of its covered establishments. To meet these obligations, it is prudent for employers to have well-written policies that require employees to report...more
As previously mentioned in this blog, all covered employers under the new electronic recordkeeping regulation were required to electronically file their 2016 300A form by December 30, 2017. As of January 1, 2018, OSHA no...more
The Bureau of Labor Statistics recently published workplace fatality statistics for 2016 showing a 7-percent increase from 2015. Within this increase, workplace violence and other injuries by persons or animals increased 23...more
As much of the country is experiencing record low temperatures, it is a good reminder that failing to take appropriate measures to protect employees working in such environments and avoiding other hazards associated with the...more
OSHA has extended the date by which certain employers must electronically report injury and illness data through the Injury Tracking Application from December 1, 2017, to December 15, 2017.
The following State Plans have...more
OSHA recently announced its top 10 most cited violations for fiscal year ending 2017. Although the order may change from year to year, it usually reflects the usual suspects of violations and this year’s list is no different....more
OSHA defines a “near miss” as an incident in which no property was damaged and no personal injury was sustained, but where, given a slight shift in time or position, damage or injury easily could have occurred. Put simply,...more
There are some OSHA lessons to be learned and things to think about from the recent Third Department case in Silvestri v. New York City Transit Authority, 2017 N.Y Slip Op 06123 (August 10, 2017). In Silvestri, the Third...more