John Martin

John Martin

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

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Lawsuit Challenges OSHA’s “Union Walk Around Rule”

On September 8, the National Federation of Independent Business (NFIB) filed a federal court complaint in Dallas, seeking to strike down what has become known as the U.S. Occupational Safety and Health Administration’s (OSHA)...more

9/14/2016 - Motion for Judgment OSHA Popular Public Comment Rulemaking Process SEIU Union Walk Around Rule

OSHA Settlement May Point Direction on Injury Reporting Policies

Earlier this year, the Occupational Safety and Health Administration (OSHA) signaled an intention to take employers to task for maintaining policies that required employees to immediately report workplace injuries and...more

7/25/2016 - Anti-Retaliation Provisions Back Pay Corporate Counsel DOL Enforcement OSHA Popular Recordkeeping Requirements Reporting Requirements Section 11 Settlement Agreements United Steelworkers US Steel Wage and Hour Workplace Injury

OSHA Officially Increases Civil Penalties by 78 Percent

On June 30, 2016, the U.S. Department of Labor (DOL) announced its interim final rule on Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments. The rule was formally published in the Federal Register on July...more

7/1/2016 - Bipartisan Budget Civil Monetary Penalty Comment Period DOL Ex Post Facto Clause Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Gabelli v SEC Inflation Adjustments Interim Rule OSHA Retroactivity

OSHA Ups the Ante for Employers That Fail to Report Workplace Injuries

On March 4, 2016, the Occupational Safety and Health Administration (OSHA) issued new procedures for enforcing revised injury and illness reporting requirements in 29 C.F.R. § 1904.39. Many of the 2014 interim procedures...more

4/12/2016 - Corporate Counsel Internal Investigations OSHA Penalties Reporting Requirements Safe Harbors Safety Inspections Workplace Injury Workplace Safety

A Beginner’s Guide to OSHA’s Final Silica Rule

On March 24, 2016, the Occupational Safety and Health Administration (OSHA) announced its final rule on occupational exposure to respirable crystalline silica. The rule was published in the Federal Register on March 25, 2016....more

4/9/2016 - Construction Industry Final Rules Fracking Hazardous Substances OSHA Popular Posting Requirements Shipyard Industry Silica Toxic Exposure Workplace Hazards Workplace Safety

OSHA Issues Final Silica Rule: What’s the Same and What’s Changed?

On March 25, 2016, the Occupational Safety and Health Administration (OSHA) published in the Federal Register its final rule on occupational exposure to respirable crystalline silica. U.S. Secretary of Labor Thomas E....more

3/28/2016 - Construction Industry Corporate Counsel Final Rules Fracking Hazardous Substances OSHA Popular Posting Requirements Silica Toxic Exposure Workplace Hazards Workplace Safety

What to Expect from OSHA in 2016: Michaels Discusses Hazard Alerts, Silica Rule, Reporting, and Other Priorities

On February 11, 2016, Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health and the head of the Occupational Safety & Health Administration (OSHA), spoke to 170 members of the oil and gas well...more

3/1/2016 - Hydrocarbons NIOSH Occupational Exposure Oil & Gas OSHA Silica Slip and Fall Workplace Hazards Workplace Injury Workplace Safety

OSHA’s Latest Regulatory Agenda: Silica, Tree Care, Powered Industrial Trucks, Lockout/Tagout . . . and Much More

The U. S. Department of Labor (DOL) recently released its Fall 2015 Regulatory Agenda, its semi-annual status report of all regulatory actions underway or being contemplated by the DOL’s agencies. Included in the agenda were...more

11/25/2015 - Combustible Dust DOL OSHA Popular Regulatory Agenda Silica Trees Trucking Regulations

The Employment Law Authority - July/August 2015

A federal appellate court recently reinstated a lawsuit brought by a dining services employee who claimed that she was sexually harassed by a male coworker. According to the Sixth Circuit Court of Appeals, a reasonable jury...more

9/14/2015 - ADA Affordable Care Act Arbitration Background Checks Civil Rights Act Collective Bargaining Deflategate EEOC Electronic Payment Transactions Employee Benefits FCRA FMLA Hiring & Firing Minimum Wage NFL OSHA PTO Recordkeeping Requirements Sexual Harassment Sick Leave Statute of Limitations Title VII Tom Brady Unions Wage and Hour Workplace Investigations

OSHA Testing Joint Enterprise Theory in Wake of NLRB Ruling

Around the same time the National Labor Relations Board (NLRB) issued its controversial and precedent-shattering decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, a franchise...more

9/10/2015 - Administrative Authority Browning-Ferris Industries of California Inc. DOL Economic Realities Test Franchises Joint Employers Jurisdiction NLRB OSHA Right to Control Trade Associations

OSHA Proposes New Rules to “Clarify” Recordkeeping Obligations

On July 29, the Occupational Safety and Health Administration (OSHA) published in the Federal Register a proposed rule to “clarify” employers’ recordkeeping obligations under 29 C.F.R. Part 1904. Comments are due by September...more

8/3/2015 - Comment Period OSHA Proposed Regulation Recordkeeping Requirements Workplace Injury

OSHA Issues Guidance on Restroom Access for Transgender Employees

On June 1, 2015, the Occupational Safety and Health Administration (OSHA) announced its publication of new guidance on best practices regarding transgender employees’ bathroom access. The announcement comes after the National...more

6/11/2015 - Employee Restrooms New Guidance OSHA Transgender

OSHA Announces Final Rule for Confined Spaces in Construction

On May 1, 2015, Dr. David Michaels, the head of the Occupational Safety and Health Administration (OSHA), and Deputy Secretary of Labor Christopher P. Lu announced the issuance of OSHA’s long-awaited Confined Spaces in...more

5/8/2015 - Construction Industry Construction Site Construction Workers General Contractors OSHA Workplace Hazards

OSHA Announces Request for Information on Communication Tower Safety

On April 15, the Occupational Safety and Health Administration (OSHA) published in the Federal Register a Request for Information (RFI) on Communication Tower Safety. The agency requests that the communication tower industry...more

4/20/2015 - Cell Towers OSHA Public Comment Request For Information Telecommunications Workplace Hazards Workplace Safety

It’s Time to Post the OSHA 300A Annual Summary of Illnesses and Injuries

The Occupational Safety and Health Administration’s (OSHA) Form 300A, which lists a summary of the total number of job-related injuries and illnesses that occurred during 2014 at each workplace, must be posted between...more

2/9/2015 - Employer Mandates OSHA Popular Posting Requirements

OSHA: Kinesiology Tape is “Medical Treatment” for Recordkeeping Purposes

You have probably seen kinesiology tape, also known as KT Tape or Kinesio Tape: those bright, neon-colored tape strips worn by runners, cyclists, athletes, triathletes, and folks at the gym. In a December 12 letter of...more

12/23/2014 - Employer Mandates Healthcare Medical Devices OSHA Recordkeeping Requirements

OSHA Announces Significant Alterations to Reporting Requirements

On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule that significantly changes an employer’s duties to report workplace injuries to the agency....more

9/15/2014 - Final Rules OSHA Reporting Requirements Workplace Hazards Workplace Injury

OSHA’s Final Rule on Reporting Requirements: A Major Change for Employers

On September 11, 2014, the federal Occupational Safety and Health Administration (OSHA) announced a final rule that significantly changes an employer’s duties to report workplace injuries to the agency. The current rule,...more

9/15/2014 - Compliance OSHA Reporting Requirements Workplace Injury

If You Can’t Stand the Heat . . .You’re Not Alone: OSHA Kicks Off its Annual Heat Illness Campaign

On May 22, the Occupational Safety and Health Administration (OSHA) announced that it was bringing back its heat illness prevention campaign for the fourth straight year. The campaign primarily targets industries with workers...more

7/3/2014 - Construction Workers Employer Liability Issues Farm Workers Hospitality Industry Oil & Gas OSHA Workplace Hazards

Supreme Court to Decide Paralyzed Veterans Doctrine

When the White House goes from a Democratic president to a Republican president, or vice versa, there are often changes in various federal agencies’ directives to reflect the priorities of the current administration. These...more

7/1/2014 - Administrative Procedure Act Banks DOL Interpretive Opinions Mortgage Bankers Association Mortgage Loan Originators Notice Requirements Paralyzed Veterans Doctrine SCOTUS

Utah Supreme Court Rejects OSHA’s Multi-Employer Citation Policy

Multi-Employer Citation Policies - One of the most controversial policies of the Occupational Safety and Health Administration (OSHA) is its Multi-Employer Citation Policy (better known as the “MEP”). OSHA uses this...more

3/5/2014 - Multiemployer Plan OSHA Safety Precautions

OSHA Extends Silica Rule Comment Deadline to February 11

On the afternoon of January 24, 2014, with one-and-a-half business days left to the original deadline of January 27, the Occupational Safety and Health Administration (OSHA) announced a 15-day extension of the comment period...more

1/27/2014 - Deadlines Hazardous Substances OSHA Silica Workplace Hazards

OSHA Extends Comment Deadline on Proposed Recordkeeping Publication Rule

On January 7, the Occupational Safety and Health Administration (OSHA) announced via the Federal Register that it would extend the deadline for the public to submit comments on OSHA’s proposed revisions to its recordkeeping...more

1/23/2014 - OSHA Posting Requirements Recordkeeping Requirements

NEWSFLASH: OSHA Sets Public Hearing on Publishing Employer’s Recordkeeping Logs for January 9, 2014

On November 15, the Occupational Safety and Health Administration (OSHA) announced via the Federal Register that it would hold an informal public hearing on its controversial proposal to publish online employer’s injury and...more

11/19/2013 - Compliance DOL OSHA Recordkeeping Requirements Transparency Workplace Injury

Regulation by Shaming: OSHA Proposes to Publish Employers’ Injury and Illness Records Online

In a proposed rule published in the Federal Register on November 8, 2013, the Occupational Safety and Health Administration (OSHA) presented a drastic change to employers’ recordkeeping and reporting obligations. Current...more

11/11/2013 - Bodily Injury Compliance OSHA Reporting Requirements Workplace Hazards Workplace Injury

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