This is the eleventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more
2/12/2025
/ Citations ,
Employee Rights ,
Enforcement Actions ,
OSHA ,
OSHRC ,
Recordkeeping Requirements ,
Safety Standards ,
Safety Violations ,
Settlement ,
Whistleblowers ,
Workplace Safety
This is the first in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act, the Occupational Safety and Health Administration (OSHA), and how both...more
1/12/2024
/ Administrative Law Judge (ALJ) ,
OSH Act ,
OSHA ,
Private Sector ,
Protected Activity ,
Regulatory Authority ,
Regulatory Standards ,
Safety Violations ,
State OSHA Laws ,
Whistleblowers ,
Workplace Safety
On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration’s (OSHA) use of the “General Duty Clause.” The decision limits...more
On May 24, 2023, Governor Tina Kotek signed into law legislation raising the maximum penalties for workplace fatality–related citations in Oregon far above federal limits. The law took effect immediately....more
On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade...more
5/17/2023
/ Administrative Agencies ,
Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Citations ,
Constitutional Challenges ,
Federal Trade Commission (FTC) ,
Judicial Review ,
OSHA ,
Safety Violations ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Separation of Powers
The Oregon Legislature, in response to concerns that the Oregon Occupational Safety and Health Division (Oregon OSHA) penalties were not sufficient, introduced legislation (Senate Bill (SB) 592) that would significantly...more
The new year began with the Occupational Safety and Health Administration (OSHA) clearly establishing that it is focusing on enforcement in 2023. After announcing that it is expanding its instance-by-instance citation policy...more
Late on January 26, 2023, the Occupational Safety and Health Administration (OSHA) issued a press release concerning a significant change in long-standing policy related to instance-by-instance issuance of citations that will...more
1/30/2023
/ Citations ,
Corporate Counsel ,
Employer Liability Issues ,
Enforcement Guidance ,
OSHA ,
Penalties ,
Press Releases ,
Recordkeeping Requirements ,
Safety Inspections ,
Safety Violations ,
Workplace Hazards
This year, as has been the case the past six years, January brings two items from the Occupational Safety and Health Administration (OSHA) that almost all employers will want to keep in mind. One is an adjustment to the...more
Ogletree Deakins’ recently released OSHA Tracker tool allows employers to search and filter Occupational Safety and Health Administration (OSHA) data to identify emerging issues and OSHA enforcement trends. This interactive...more
On October 17, 2022, the Michigan Occupational Safety and Health Administration (MIOSHA) issued an agency instruction, the subject of which is “Interviews in Health and Safety Investigations.” The stated purpose of that...more
11/8/2022
/ Administrative Law Judge (ALJ) ,
Criminal Prosecution ,
Enforcement ,
Enforcement Actions ,
Fifth Amendment ,
Fourteenth Amendment ,
Interviews ,
Policies and Procedures ,
Safety Violations ,
Union Representatives ,
Unions ,
Workplace Investigations