OSHA Pitfalls to Avoid in 2021
OSHA just issued a heap of new proposed rules and took other agency actions as part of broader deregulatory efforts at the U.S. Department of Labor (DOL) – which are being called one of the most ambitious federal red tape...more
OSHA just proposed a new rule that would restrict its own ability to regulate inherently risky work, signaling a major shift in how the agency would apply the broad “General Duty Clause” in the sports, entertainment, and...more
On October 25, 2021, a customer named Jacob Bergquist, with a history of violating the Boise Towne Square Mall’s firearms ban, opened fire at the mall. The shooting in the Idaho mall led to the deaths of a Professional...more
By Order dated December 26, 2024, ALJ Brian Duncan vacated a general duty clause violation against a security company that provided security services to a mall. In the tragic shooting, a customer shot and killed two people...more
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) continues to focus on preventing workplace violence in hospitals, nursing homes, and other healthcare settings, where employees are five...more
Although this is the OSHA webinar series, in this webinar, we’ll be analyzing the intersection of EPA’s new Toxic Substances Control Act (“TSCA”) chemical exposure limits and OSHA enforcement of workplace chemical exposure....more
Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading...more
In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more
Last Friday, the federal Occupational Safety and Health Administration released statistics on citations issued to employers for COVID-19 safety violations. OSHA has not issued a COVID-19 safety standard, and the citations...more
The Occupational Health and Safety Administration (“OSHA”) has issued a flurry of citations against employers over the past month related to COVID-19. As businesses reopen and workers return to their workplaces, OSHA’s...more
Comprehensive Risk Management Plans (RMP) under Section 112(r) the Clean Air Act (Act) are not just required for facilities processing listed regulated substances in excess of regulatory thresholds. Recent EPA enforcement...more
The United States Court of Appeals for the District of Columbia Circuit recently issued a decision that should be of concern to every employer and safety professional. The case involved an employer that had ambitious but...more
The United States Environmental Protection Agency (“EPA”) and Welch Foods, Inc. (“Welch”) entered into a September 28th Consent Agreement and Final Order (“CAFO”) addressing alleged violations regarding the Clean Air Act...more
The New Year is here and with that comes yet another year of enhanced OSHA enforcement and new OSHA regulations. Further, due to the upcoming end of President Obama’s time in office , questions exist as to whether OSHA will...more
Overview - In the wake of the United States Environmental Protection Agency’s (EPA) recent $5.6 million settlement with Bayer CropScience under Clean Air Act Section 112(r), companies should expect more from EPA in the...more
As we reported last year, the U.S. EPA has stepped up its enforcement activity under the risk management provisions of the Clean Air Act (“CAA”), Section 112(r), focusing on both the Risk Management Plan (“RMP”) program rules...more