John Surma

John Surma

Adams and Reese LLP

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OSHA Announces New Rules for Confined Spaces (Effective August 3, 2015)

On May 4, 2015, the United States Occupational Safety and Health Administration (OSHA) published a new final rule in the Federal Register intended to increase protection for construction workers in confined spaces (e.g.,...more

5/21/2015 - Construction Industry Construction Site Construction Workers Contractors Employer Liability Issues Final Rules OSHA Workplace Hazards

OSHA Issues New Definition for Whistleblower Activity

In the past several months, we circulated several client alerts relative to a change in the definition of “whistleblower” and what constitutes a protected whistleblowing activity under Section 11(C) of the Occupational Safety...more

5/20/2015 - Anti-Retaliation Provisions Employer Liability Issues OSHA Whistleblower Protection Policies

U.S. Supreme Court Issues Landmark Ruling that Could Radically Change Employee Discipline

In a slip opinion released on Monday, March 9, 2015, styled Perez v. Mortgage Bankers Ass’n, No. 13-1041, slip op. (U.S. Mar. 9, 2015), the United States Supreme Court effectively gave federal agencies carte blanche to...more

3/17/2015 - Administrative Procedure Act Discipline Notice and Comment OSHA Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process Whistleblowers

OSHA’s Recordkeeping Rules Now Apply to Real Estate Industry Sectors

For the past 40 years, OSHA has required the majority of employers with ten (10) or more employees to maintain records of workplace illness, injury, or death. Those same employers are also required to post the annual summary...more

3/11/2015 - OSHA Real Estate Professionals Recordkeeping Requirements Reporting Requirements

Three OSHA Rule Changes all Employers Need to Be Aware of Heading Into 2015

Effective January 1, 2015, two new rules will go into effect by the U.S. Department of Labor – Occupational Safety and Health Administration (OSHA) that will impact most all employers. One rule relates to recordkeeping and...more

12/23/2014 - Employer Mandates OSHA Recordkeeping Requirements Reporting Requirements Whistleblower Protection Policies Workplace Injury

New Recordkeeping Rule from OSHA is a Game Changer

On September 11, 2014, the US Department of Labor Occupational Safety and Health Administration (OSHA) announced a new rule that will go into effect on January 1, 2015. Whereas in the past, OSHA only required employers to...more

9/12/2014 - DOL OSHA Recordkeeping Requirements Workplace Injury

The Latest On OSHA's Attempts to Protect Whistleblowers

Section 11 (C) of the Occupational Safety and Health Act (OSH Act) states "no person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to...more

6/24/2014 - OSHA Trucking Industry Whistleblowers

Six Spring OSHA Construction Updates

OSHA has been busy the first four months of 2014. The following are six items of particular interest to those in or affiliated with the construction industry....more

5/5/2014 - Employer Liability Issues Final Rules OSHA Proposed Regulation Workplace Hazards

OSHA Comments on Distracted Driving Initiative

In OSHA’s April 15, 2014, issue of “Quick Takes,” its bi-monthly newsletter, the agency commented on the US Department of Transportation’s national campaign to stop texting while driving and other forms of distracted driving....more

4/23/2014 - Department of Transportation Distracted Driving Employer Mandates OSHA Workplace Hazards

OSHA, the New Fracking Sheriff in Town

On February 13, 2013, the San Antonio Express-News published an article titled “Eagle Ford pay is high, but work can be fatal.” On February 15, 2013, the Houston Chronicle published an article titled “Fatalities accompany...more

4/23/2014 - Oil & Gas OSHA Proposed Regulation

OSHA Bulletin: Union Organizing’s 800 Pound Gorilla

The Occupational Safety and Health Act and standards promulgated thereunder allow an employee representative to participate in the filing of complaints, requesting workplace inspections, participating in workplace...more

4/22/2014 - Employer Liability Issues OSHA Safety Precautions SEIU Unions

OSHA and Temporary Workers

For a variety of reasons, both economic and non-economic, employers have relied more and more heavily on independent contractors and temporary workers. Temporary workers being employees of temporary agencies, staffing...more

3/27/2014 - OSHA Staffing Agencies Temporary Employees

OSHA Releases New Tools For Hospital Safety

Over the years, the US Department of Labor Occupational Health and Safety Administration ("OSHA") has focused attention on healthcare workers and the safety issues they face in a variety of ways. In 1999 OSHA proposed...more

1/16/2014 - Healthcare Workers Hospitals OSHA Workplace Safety

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