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
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
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
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
A rash of recent natural disasters, from hurricanes to earthquakes to wildfires, serves as a timely reminder to employers of the potential for natural disasters to disrupt their operations and cause imminent hazards in the...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
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
This is the sixth 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
On March 29, 2024, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule (Final Rule) amending regulations for workplace investigations. It clarifies that employees may...more
Like a bad April Fool’s joke, to advance the Biden Administration’s promise to be “the most labor friendly administration in history,” on April 1, 2024, OSHA published in the Federal Register its Final Worker Walkaround...more
This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act and the Occupational Safety and Health Administration (OSHA) and how both influence...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
This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration (OSHA) and how both influence...more
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
The National Labor Relations Board (NLRB) and Occupational Safety and Health Administration (OSHA) have agreed to team up to investigate and enforce protections for workers who raise safety concerns and suffer retaliation as...more
With the rise of active shooters in workplaces and schools there is an ever increasing concern over workplace violence and related employee mental issues. When addressing these concerns a company is faced with a complicated...more
On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration’s (OSHA) use of the “General Duty Clause.” The decision limits...more
Following a 2020 fire that resulted in several employee fatalities, the North Carolina Occupational Safety and Health Administration (NCOSHA) issued a series of citations and penalties to the employer involved in that...more
Heat-related illness can affect various industries and work environments. As temperatures rise this summer, it is important for businesses to have a plan to address heat-related illness to protect both the employer and its...more
As the Occupational Safety and Health Act (OSH Act) turned 50 in December 2020, the Center for Progressive Reform (CPR) issued “OSHA’s Next 50 Years: Legislating a Private Right of Action to Empower Workers,” in which it...more