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Ignoring OSHA Complaint Letters Can Result in On-Site Inspection

Most employers understandably dread the possibility of a workplace investigation by the Occupational Safety and Health Administration. However, many of these same companies fail to pay appropriate attention to notices of...more

OSHA Changes Penalty and Collection Policies

Last month, the federal Occupational Safety and Health Administration issued updated guidance on penalty and debt collection procedures. According to OSHA, the policy revisions are intended to assist small businesses with...more

Department of Labor Launches New and Expanded Self-Audit Programs Related to Labor Law Compliance

On July 24, the U.S. Department of Labor (DOL) announced several self-audit and voluntary compliance programs across six of its agencies aimed at what the agency describes as helping employers, unions, and benefit plan...more

OSHA Proposes Exclusion of Intrinsic Dangers From General Duty Clause Enforcement

In 2010, a trainer at SeaWorld was grabbed and drowned by an orca during a live show. Following an investigation, the federal Occupational Safety and Health Administration issued citations to the employer under the General...more

OSHA Proposes Eliminating Medical Evaluation Requirement for Some Respirators

As part of its deregulatory initiative on July 1, the federal Occupational Safety and Health Administration proposed deleting requirements for medical evaluations before employees are permitted to use certain classes of...more

Trump Administration Proposes Eliminating Funding for Chemical Safety Board

In its released budget proposal for fiscal year 2026, the Trump administration plans to zero out funding for the U.S. Chemical Safety and Hazard Investigation Board (commonly abbreviated as CSB)....more

OSHA Extends Heat Stress Enforcement Program, Despite Lack of Progress on National Rule

The federal Occupational Safety and Health Administration shows few signs of progress in finalizing proposed regulations intended to address risks associated with employee exposure to hot working conditions....more

Settling OSHA Citations Requires Consideration of Multiple Factors

After an employer has received a citation from the Occupational Safety and Health Administration, the informal conference process offers a path for potential settlement of the dispute. The informal conference can result in...more

Will States Step Into Void Left by Federal Labor Agencies?

Nature supposedly abhors a vacuum, but does this principle apply to workplace discrimination, worker safety, and other areas of employment and labor law?...more

Executive Order Halts OSHA Rulemaking

A broad executive order issued in the first days of the Trump administration has indefinitely delayed a number of changes to safety standards proposed by the Occupational Safety and Health Administration....more

Will Artificial Intelligence Tools Help Enhance Workplace Safety?

Over the past several months, we have seen an increasing number of new artificial intelligence (AI) products aimed at increasing worker safety in the manufacturing context. Many of these products use real-time data to...more

OSHA Adopts New PPE Fit Requirements for Construction Industry

Last week, the federal Occupational Safety and Health Administration issued a final rule amending its safety standards for the construction industry to require assurance of the proper fitting of personal protective equipment....more

OSHA Reports Drop in Fall and Trench Injury Incidents

For years, the Occupational Safety and Health Administration has identified fall protection among its top compliance priorities. Falls have been a continuing leading cause of employee injuries and deaths, especially in the...more

Ninth Circuit Upholds Montana Vaccination Status Discrimination Law

As part of the backlash against employer-mandated COVID-19 vaccinations, Montana amended its antidiscrimination law to add vaccination status as a protected category. This means that employers are prohibited from inquiring or...more

OSHA Issues Proposed Heat Injury and Illness Rule

On August 30, the federal Occupational Safety and Health Administration issued its long-anticipated proposed regulation requiring affected employers to plan for and address heat exposure risks in the workplace. The proposed...more

OSHA Cites Convenience Store Following Robbery and Shooting

The vast majority of citations issued by the Occupational Safety and Health Administration involve accidents or negligent behavior that result in injury or illness resulting from inanimate objects, hazardous materials, or...more

Thorough Response to OSHA Complaint Letter Can Avoid Later Inspection

Employers may dread a knock on the door from an Occupational Safety and Health investigator, but in many circumstances, the first contact with OSHA is through a letter rather than an in-person inspection. ...more

OSHA Proposes Heat Hazard Rules

After years of development, the federal Occupational Safety and Health Administration issued proposed regulations last week intended to address employee exposure to dangerous heat and humidity while at work. Affected...more

Chevron's Overruling Raises Questions Over OSHA's Regulatory Authority

The intricacies of federal administrative law can feel far removed from business’s day-to-day operations, but the Supreme Court’s decision last week in Loper Bright Enterprises v. Raimondo could have profound impacts on the...more

Employers Subject to Heat Stress Citations Even in Absence of Federal OSHA Standard

For several years, the federal Occupational Safety and Health Administration has been working on a safety standard intended to address worker exposure to heat stress and related medical issues. With summer temperatures...more

Lockout/Tagout Rules Require Safety Procedures for Each Machine

Most affected employers understand their obligations to comply with the Occupational Safety and Health Administration’s control of hazardous energy (commonly called “lockout/tagout”) rules found at 29 C.F.R. §1910.147. These...more

OSHA Finalizes Rule to Allow Union Reps to Take Part in Inspections

Last Friday, the federal Occupational Safety and Health Administration issued final rules changing the way the agency conducts safety and health inspections. Under the current rule, employees are allowed to have a union...more

OSHA Proposes New Safety Standard for First Responders

On Monday, the federal Occupational Safety and Health Administration issued a notice of proposed rulemaking that would replace the current patchwork of safety regulations covering firefighters and other first responders. OSHA...more

Above Average Injury Rates Can Lead to Severe Violator Designation

Last month, we reported on the federal Occupational Safety and Health Administration’s expansion of its Severe Violator Enforcement Program (SVEP). SVEP designation marks employers for a higher number of safety inspections...more

OSHA Increases Civil Penalty Amounts Based on Inflation

Earlier this month, the U.S. Occupational Safety and Health Administration announced that maximum civil penalties for serious violations would increase from $15,625 to $16,131. The penalties for repeat or willful violations...more

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