During the Obama presidency, the federal Occupational Safety and Health Administration issued interpretation memoranda that called into question the legality of common employer programs intended to reduce accident rates. This...more
Most prosecutors will tell you that the cover-up is often worse than the underlying crime. This adage was again proven correct earlier this month when OSHA announced that the U.S. Department of Justice had obtained federal...more
At the end of each federal fiscal year, the Occupational Safety and Health Administration releases a list of the 10 most frequently cited safety standards violations. This year’s list was issued on October 23 and contains the...more
Occupational Safety and Health Administration workplace inspections are often triggered by an employee injury or complaint. In such circumstances, OSHA rules only permit the inspector to investigate the workplace safety...more
10/17/2018
/ Chemicals ,
Corporate Counsel ,
Employer Liability Issues ,
Hazardous Substances ,
Manufacturers ,
Motions to Quash ,
OSHA ,
Probable Cause ,
Safety Inspections ,
Search Warrant ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
In addition to OSHA rules, many safety-sensitive businesses use ANSI or other standards organizations’ guidelines to develop their safety programs. Earlier this month, the Eighth Circuit Court of Appeals affirmed dismissal of...more
The Eighth Circuit Court of Appeals last month affirmed a criminal conviction and $500,000 penalty assessed against a construction company accused of failing to follow fall protection rules, leading to the death of an...more
In 2016, the Obama administration’s Occupational Safety and Health Administration issued regulations requiring certain companies to electronically file annual employee occupational illness and injury information. This...more
Covered employers had until July 1 to electronically file their 2017 OSHA Form 300A accident and illness reports. Covered employers include those with 250 or more employees with Standard Industrial Codes that require...more
When faced with the potential for workplace safety violations and penalties from the Occupational Safety and Health Administration, most responsible employers take steps to address any outstanding safety issues. Last month in...more
In 2016, the Occupational Safety and Health Administration announced new respiratory silica exposure levels that lowered the action level for exposure to 25 micrograms per cubic meter of air. The maximum permissible exposure...more
Employers found to have committed repeat or willful violations of Occupational Safety and Health Administration standards are subject to citation penalties of 10 times those for ordinary violations, and in some cases...more
4/11/2018
/ Administrative Law Judge (ALJ) ,
Appeals ,
Civil Monetary Penalty ,
Criminal Prosecution ,
Employer Liability Issues ,
OSHA ,
Personal Knowledge ,
Reaffirmation ,
Reckless Disregard ,
Supervisors ,
Willful Violations ,
Workplace Injury ,
Workplace Safety ,
Wrongful Death
Construction contractors are familiar with the Occupational Safety and Health Administration’s Multi-Employer Worksite rule. Under this rule, a general contractor (GC) can be held liable for safety violations committed by...more
Health care was among the occupations that saw the largest declines in fatal work injuries in the most recent year federal data is available, according to the U.S. Bureau of Labor Statistics. It recently released statistics...more
Last year, the federal Occupational Safety and Health Administration announced new rules that will require employers to electronically submit annual OSHA 300A employee illness and injury information. While employers are...more
Late last month, the Federal Occupational Safety and Health Administration (OSHA) announced a proposed delay for implementation of its new injury and illness reporting requirements until December 1. The rule originally was...more
On January 1, the federal Occupational Safety and Health Administration’s (OSHA) new recordkeeping and reporting rule took effect. The main impact of this rule requires employers to electronically file annual injury and...more
On December 7, the federal Occupational Safety and Health Administration (OSHA) issued a Request for Information (RFI) seeking public input for a possible future safety standard intended to reduce employee exposure to...more
Over the past decade, the Occupational Safety and Health Administration (OSHA) has reported a steady decline in the number of reported workplace injuries and illnesses in the U.S. Initially, the agency attributed this drop to...more
Under the Fair Pay and Safe Workplaces executive order (E.O. 13,673), beginning in October 2017 federal contractors will have to begin disclosing a range of labor law violations when bidding for new federal work. These...more
In response to employer complaints and a new federal lawsuit, on July 13, the federal Occupational Safety and Health Administration announced a delay in enforcement of the non-retaliation portions of its new injury and...more
7/26/2016
/ Anti-Retaliation Provisions ,
Drug Testing ,
Employer Liability Issues ,
Final Rules ,
Incentives ,
OSHA ,
Recordkeeping Requirements ,
Reporting Requirements ,
Time Extensions ,
Workplace Injury ,
Workplace Safety
On Wednesday, the federal Occupational Safety and Health Administration issued final regulations changing the way businesses report injury and illness experience. The new rules take effect January 1, 2017, and will for the...more
The Public Facilities Privacy & Security Act, commonly known as HB2, continues to generate controversy and confusion. The new law has caused many employers to reexamine their policies with regard to restroom use by employees...more
OSHA inspections are usually site-specific, meaning that the agency’s authority to issue penalties and to seek abatement of workplace hazards applies to the workplace actually inspected. Last month, a federal Administrative...more
Last month, after considerable delay, the Federal Occupational Safety and Health Administration started a new web page that allows employers to make online reports of employee injuries and illnesses. The online resource was...more
The recent federal budget compromise contains a potentially nasty surprise for some employers. The new law allows the Occupational Safety and Health Administration, among other federal agencies, to increase civil penalties...more