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OSHA Proposes to Replace Its Existing Fire Brigades Standard With New Comprehensive Emergency Response Standard

On February 5, 2024, the Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking (NPRM) related to the Fire Brigades standard, 29 C.F.R. 1910.156, and related standards. ...more

OSHA Updates Its Process Safety Management of Highly Hazardous Chemicals Instruction

On January 26, 2024, the Occupational Safety and Health Administration (OSHA) issued its updated Process Safety Management of Highly Hazardous Chemicals Instruction, providing enforcement guidance related to compliance with...more

Turning Up the Heat on OSHA’s Winter Weather Guidelines

In the last several years, most regions of the United States have experienced periods of severe winter weather with frigid temperatures and bone-chilling winds. Winter weather carries a variety of hazards, from cold-stress...more

OSH Law Primer, Part I: Understanding the OSH Act and OSHA

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

OSHA Provides Regulatory Framework for Heat Injury and Illness Prevention Standard

Though heralded as one of the Occupational Safety and Health Administration’s (OSHA) top priorities, the introduction of a heat injury and illness prevention standard has yet to happen. According to some reports, OSHA has yet...more

OSHA Announces National Emphasis Program Focusing on Warehousing and Distribution Center Operations

It is perhaps not a surprise to anyone familiar with e-commerce and the corresponding infrastructure that was developed to deliver all those packages, but according to the Occupational Safety and Health Administration (OSHA),...more

Texas’s HB 2127 ‘Death Star’ Law Doesn’t Strike Back Against Employers’ Workplace Safety and Health Responsibilities

A long time ago in a galaxy far, far away … or, more precisely, last month in the Texas Capitol in Austin, Governor Greg Abbott signed into law House Bill (HB) No. 2127, the Texas Regulatory Consistency Act—a measure that his...more

Hurricane eMatrix: OSHA’s Latest Guidance for Employers

The Atlantic hurricane season runs from June 1 to November 30 each year. This year, in mid-June, the Occupational Safety and Health Administration (OSHA) published the “Hurricane eMatrix,” a hazard exposure and risk...more

OSHA Signals Rulemaking to Broaden Scope of Who Is Permitted to Accompany Compliance Officers During Worksite Inspections

In February 2013, during the early months of the second term of the Obama administration, a standard interpretation related to Occupational Safety and Health Act regulations at 29 C.F.R. § 1903.8(c) that later became known as...more

Majority of States Have Legalized Marijuana, but OSHA’s Post-Incident Drug-Testing Guidance Hasn’t Changed

As of May 1, 2023, marijuana had been legalized for medicinal or recreational use, or both, in thirty-eight states. Some 35–55 million Americans report using marijuana two or more times per month....more

Under SB 240, Texas Healthcare Facilities Will Be Required to Adopt Workplace Violence Prevention Plans by September 1, 2024

California has long led the nation in addressing workplace violence via the California Division of Occupational Safety and Health’s (Cal/OSHA) Workplace Violence Prevention in Health Care standard. The federal Occupational...more

Is an OSHA Workplace Violence Standard for the Healthcare Industry on the Way?

The Occupational Safety and Health Administration (OSHA) has identified violence in healthcare settings as a significant occupational risk, and a new workplace violence standard for the healthcare industry could be on the...more

Arizona Gets to Keep Its State-Operated Workplace Safety and Health Program

On February 15, 2023, the Occupational Safety and Health Administration (OSHA) withdrew its proposed rule that would have revoked the final approval status of Arizona’s state plan for occupational safety and health. The...more

OSHA’s ‘Site-Specific Targeting Inspection’ Program for Nonconstruction Employers Continues Under New Directive

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

OSHA Serves Up a Slice of Confusion: Can an Employer’s Pizza Party Workplace Safety Incentive Program Be ‘Unreasonable’?

The Occupational Safety and Health Administration (OSHA) recently posted a tweet with the following question: “Is your pizza party incentive program unreasonable?” Setting aside the frontal attack on arguably one of the most...more

Final Steps of OSHA’s Proposed Permanent COVID-19 Standard for Healthcare

The Occupational Safety and Health Administration’s (OSHA) COVID-19 rulemaking process has been quiet for a while, but recent activity appears to indicate we are now entering the final phase of a permanent COVID-19 standard...more

KOSHRC Suggests That All Kentucky Employers With More Than Eight Employees Must Develop Bloodborne Pathogen Training Programs

The Occupational Safety and Health Administration’s (OSHA) bloodborne pathogens standard, 29 C.F.R. § 1910.1030, requires employers having employees with “occupational exposure to blood or other potentially infectious...more

Justice Department Memo Raises the Stakes for Workplace Safety–Related Investigations

On September 9, 2015, then U.S. Deputy Attorney General Sally Quillian Yates issued a memo, “Individual Accountability for Corporate Wrongdoing,” that sent shivers down the spines of those in the workplace safety community....more

Workplace Safety in Arizona: OSHA Delays Decision on Proposal to Revoke State Plan

The federal Occupational Safety and Health Administration (OSHA) is holding off on deciding whether to revoke final approval of Arizona’s occupational safety and health (OSH) plan. On August 10, 2022, OSHA said it is...more

OSHA Announces Intent to Focus Inspections in Healthcare Facilities With Attention on COVID-19 Healthcare ETS

The Occupational Safety and Health Administration (OSHA) remains focused on the pandemic in certain workplaces as indicated by its announcement of a new National Emphasis Program (NEP) related to COVID-19. Interestingly, the...more

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