News & Analysis as of

OSH Act Workplace Safety

Fisher Phillips

Hospital and Management Company Both Liable for Same OSHA Violation at Shared Worksite: What Can You Do to Avoid “Single-Employer”...

Fisher Phillips on

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

Fisher Phillips

OSHA Proposes Major Limit on Enforcing General Duty Clause Violations – What It Means for Employers in High-Risk Industries

Fisher Phillips on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Proposes Rule to Limit General Duty Clause Enforcement for Inherently Risky Professional Activities

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

BakerHostetler

OSHA Poised to Narrow General Duty Enforcement Mechanism as Part of Revamped Deregulation Push

BakerHostetler on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part XI (Continued): Understanding and Contesting OSHA Citations - The Whys and Hows

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Member of Congress Introduces Bill to Abolish Occupational Safety and Health Administration

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Recent Federal OSHA Workplace Violence Case Provides a Road Map on General Duty Clause in Workplace Violence Cases

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

Cozen O'Connor

OSHRC ALJ Vacates Workplace Violence General Duty Citation

Cozen O'Connor on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Make Holiday Shopping Merry: Bracing for the Increased Retail Workplace Violence Risks

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

Hendershot Cowart P.C.

OSHA Severe Violator Enforcement Program: 5 Things Employers Should Know

Hendershot Cowart P.C. on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Mile-High Times for OSHA in Colorado: Denver and Englewood Area Offices Focus on Cannabis Facilities

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

GAO Says OSHA Should Sharpen Its Focus on Ergonomic Hazards in Warehouses and Delivery Companies

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part X: Voluntary Safety and Health Self-Audits

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Workplace Safety Concerns for Florida Employers in Anticipation of Hurricane Helene

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

Hendershot Cowart P.C.

OSHA's Controversial Walkaround Rule

Hendershot Cowart P.C. on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part IX: Hazard Communication

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Hurricanes and Earthquakes and Wildfires, Oh My! - Key Disaster Preparedness Considerations for Employers

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part VIII: The Intersection of Employment Law and Safety Issues

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Slated to Deliver Proposed Workplace Violence Prevention Standard for Healthcare Industry in December 2024

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

Conn Maciel Carey LLP

[Webinar] Addressing Employee Complaints: Retaliation and Whistleblower Complaints with the EEOC, OSHA, and MSHA - October 1st,...

Conn Maciel Carey LLP on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Unveils Proposed Heat Illness Prevention Rule as Federal Agency Authority Faces Questions

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part VI: Employees’ and Employers’ Rights When Interacting With OSHA

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

Conn Maciel Carey LLP

Extensive Rulemaking Updates Offered At The May CAL/OSH Standards Board And CAL/OSHA Advisory Committee Meetings

Conn Maciel Carey LLP on

The May 16th Standards Board Meeting and May 20th Cal/OSHA Advisory Committee meetings offered many rulemaking updates and even clarified some questions that have been posed to Cal/OSHA in recent months. Petition 605...more

Hinshaw & Culbertson - Employment Law...

The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections

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

Spilman Thomas & Battle, PLLC

OSHA Goes Forward with Walk-around Rule for Inspections

On March 29, 2024, the Department of Labor (DOL) published its final rule allowing employees to authorize a representative to accompany an OSHA compliance officer during inspections of their workplace. The rule will be...more

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