In FY 2023, the Occupational Safety and Health Administration (“OSHA”) received 3,243 Whistleblower complaints filed under various statutes’ anti-retaliation provisions. OSHA is charged with investigating alleged retaliation...more
A recent federal appeals court ruling illustrates the risks of “single-employer” liability for OSHA citations for common business arrangements today. These involve separate companies that perform different functions but share...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 July 1, 2025, the Occupational Safety and Health Administration (OSHA) issued a notice of proposed rulemaking (NPRM) seeking to clarify and narrow the application of the General Duty Clause, 29 U.S.C. § 654(a)(1), as it...more
In a July 2025 Notice of Proposed Rule Making, the Occupational Safety and Health Administration (OSHA) unveiled its plans to narrow its interpretation of numerous safety regulations....more
Every safety professional has an Occupational Safety and Health Administration (OSHA) regulation he or she cannot stand, believes is a waste of time, energy, and/or money, or considers outdated and antiquated. Even the...more
Since Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” (H.R. 86), there has been immense speculation about the future of the Occupational...more
This is a continuation of 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...more
U.S. Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” in November 2021, legislation aimed at abolishing the Occupational Safety and Health...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
Retail employers are bracing for the annual surge in customer traffic and sales during the holidays, but the large crowds, stress of the season, and other factors increase the risks of workplace violence. As the holiday...more
The Occupational Safety and Health Administration (OSHA), like many federal agencies, has finite resources for carrying out its essential functions. It simply isn’t feasible, nor efficient or effective, for OSHA regulators to...more
Although cannabis remains illegal under federal law, that has not prevented the Occupational Safety and Health Administration (OSHA) from enforcing the Occupational Safety and Health Act (OSH Act) against cannabis-related...more
Ergonomics and musculoskeletal disorders are the subject of a recent U.S. Government Accountability Office (GAO) study that portends an even greater focus by the Occupational Safety and Health Administration (OSHA) on the...more
This is the tenth 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
Tropical Storm Helene is projected to hit Florida’s Gulf Coast as a major hurricane later this week, and evacuations are already underway in parts of the state. Employers are likely to face inevitable workplace safety risks...more
The Occupational Safety and Health Administration (OSHA) introduced a new walkaround rule this year to clarify that, like employers, employees have the right to designate a non-employee third party to be their representative...more
This is the ninth 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
This is the eighth 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
Last summer, we described efforts of the Occupational Safety and Health Administration (OSHA) and several states to protect workers from heat stress hazards. In July of this year, OSHA issued a notice for a proposed rule,...more
The Occupational Safety and Health Administration (OSHA) is preparing to release a proposed standard on workplace violence prevention in healthcare settings in December 2024....more
On July 3, 2024, the Occupational Safety and Health Administration (OSHA) obtained an injunction against the United States Postal Service (USPS), protecting USPS employees from retaliation for reporting workplace injuries....more
Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC...more
The Occupational Safety and Health Administration (OSHA) unveiled its long-anticipated proposed heat illness prevention rule, which would require employers to monitor excessive heat in the workplace and develop and implement...more