News & Analysis as of

OSH Act Workplace Safety Employer Liability Issues

Fisher Phillips

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

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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

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,...

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

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,...

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

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,...

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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

Conn Maciel Carey LLP

[Webinar] The Impact of New TSCA Regs on OSHA Chemical Safety Enforcement - October 22nd, 1:00 pm ET

Conn Maciel Carey LLP on

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

Conn Maciel Carey LLP

[Webinar] Tips and Strategies for Preventing and Responding to Workplace Violence Incidents - April 24th, 1:00 pm EST

Conn Maciel Carey LLP on

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

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

OSH Law Primer, Part III: The Duty to Comply With Standards

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

Fisher Phillips

Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

Fisher Phillips on

Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to...more

Fisher Phillips

Fisher Phillips’ Win Over State OSHA Quota Plan Could Help Employers Across the Country

Fisher Phillips on

When Fisher Phillips attorneys recently secured a key victory over a state OSHA plan that was improperly trying to create a quota system to encourage investigators to issue citations and assess penalties, it opened the door...more

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

Justice Department Memo Raises the Stakes for Workplace Safety–Related Investigations

On September 9, 2015, then U.S. Deputy Attorney General Sally Quillian Yates issued a memo, “Individual Accountability for Corporate Wrongdoing,” that sent shivers down the spines of those in the workplace safety community....more

Hendershot Cowart P.C.

Safety Training for Temporary Workers – Whose Duty Is It?

Hendershot Cowart P.C. on

Between the host employer and the staffing agency, who is responsible for the health and safety training of temporary workers? The staffing agency and the host employer jointly employ temporary workers and, therefore, they...more

Fisher Phillips

Should Employers Rescind Their Mask Mandates? A Pros and Cons List to Consider Before Dropping Your Pandemic Policies

Fisher Phillips on

As expected, state and local mask requirements continue to be lifted following the CDC’s loosening of its masking recommendations last month. As of yesterday, only 10 states require masks – and many of those requirements...more

Morgan Lewis

OSHA’s COVID-19 Emergency Temporary Standard Is Back – For Now

Morgan Lewis on

On December 17, 2021, a divided panel of the US Court of Appeals for the Sixth Circuit granted the federal government’s emergency motion to dissolve the US Court of Appeals for the Fifth Circuit’s stay of the Occupational...more

McAfee & Taft

Calculating the 100-employee threshold under the OSHA vaccination ETS

McAfee & Taft on

The Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) regarding COVID-19 vaccination, testing and facial coverings applies to “all employers with a total of 100 or more employees” during...more

Kaufman & Canoles

Employment Law Alert – OSHA Issues Long-Awaited Rule Requiring Mandatory “Vaccinate or Test Weekly” Rule for Companies with 100 or...

Kaufman & Canoles on

New Rule Issued - Yesterday, November 4, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”), requiring, except as noted below, all employers with 100 or more...more

Akerman LLP - HR Defense

Be Careful About Restricting Employee Communications with Media

Employers that bar staff from communicating with the media should take another look at those prohibitions, following a recent federal appellate decision finding such a policy unlawful under the National Labor Relations Act...more

Littler

Coronavirus (COVID-19) Guidance for Business Preparedness

Littler on

The novel coronavirus (COVID-19) has implications for multiple workplace concerns, including health and safety, leaves of absence, discrimination, and travel. Although the U.S. Centers for Disease Control (CDC) has been...more

Fisher Phillips

Can You Take Me High Enough? OSHA Increases Maximum Penalties

Fisher Phillips on

The Department of Labor just published its increases to the maximum civil penalties that can be assessed against employers by federal agencies, and it includes some moderate increases in the area of workplace safety....more

Seyfarth Shaw LLP

Final Update From The 2019 ABA Occupational Safety And Health Law Committee Midwinter Meeting

Seyfarth Shaw LLP on

We attended the ABA Occupational Safety and Health Law Meeting last week in San Juan, Puerto Rico. Present are representatives from the OSH Review Commission, the MSH Review Commission, and the Solicitor’s Office. ...more

Fisher Phillips

Sammy Hagar Says He Can’t Drive 55. OSHA Says Your Workers Can’t Drive Distracted.

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According to the Occupational Safety and Health Administration (OSHA), motor vehicle crashes cost employers $60 billion annually in medical care, legal expenses, property damage, and lost productivity. Motor vehicle crashes...more

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