As we mentioned previously, Congress has allowed federal agencies, including OSHA, to increase their penalty structures in order to keep up with inflation. OSHA recently has announced that it will do just that. Effective...more
On May 11, 2016, OSHA announced the issuance of a final rule regarding recordkeeping. The new rule will require certain employers to electronically submit their injury and illness records to OSHA on an annual basis....more
OSHA’s much-anticipated rule to regulate employee exposure to crystalline silica was published last Friday, March 25th. The new rule takes effect June 23, 2016. Depending on the industry involved, staggered compliance...more
Effective January 1, 2015, OSHA must be notified anytime there is a workplace fatality, inpatient hospitalization, amputation or eye loss. Along with the new reporting rule, OSHA issued interim internal procedures to deal...more
On December 17, 2015, the Department of Labor (DOL) and the Department of Justice (DOJ) announced a plan to increase the frequency and effectiveness of criminal prosecutions of safety and environmental violations affecting...more
For the first time in 25 years, OSHA fines likely will be increasing. The change will take effect no later than August 1, 2016, and each year thereafter. A relatively obscure provision in the 2015 budget bill passed by...more
On August 27, the Board issued a blockbuster decision holding that Browning-Ferris Industries of California was a “joint-employer” of the workers supplied by its temporary staffing agency, Leadpoint Business Service. The...more
OSHA has issued a memorandum stating that it will delay enforcement of its new confined spaces in construction standard, which we discussed in our prior OSHA Update. The effective date for enforcement will now be October 2,...more
OSHA has issued its long-awaited standard on confined spaces in construction. The new rule will take effect on August 3, 2015. Previously, construction contractors only had to comply with minimal training requirements when it...more
As most employers are aware, OSHA’s new reporting requirements took effect January 1, 2015. Now, OSHA must be notified anytime there is a workplace fatality, an in-patient hospitalization, an amputation, or an eye loss. These...more
Yesterday OSHA announced a new final rule, effective January 1, 2015, that will increase the obligation of employers to report injuries to OSHA. Currently, federal OSHA requires that employers report work-related fatalities...more
In an unusual move, OSHA announced recently that it is seeking comments on proposed rules that would allow it to issue citations to employers who retaliate against employees who report injuries. The announcement comes in the...more
Written accident and incident investigations, as well as comprehensive safety and health compliance audits, are essential components of an effective safety and health program. Unfortunately, OSHA has often pursued accident...more
In 2007, Maria Escriba requested and received two weeks of vacation from her employer to travel to Guatemala to care for her ailing father. When Escriba did not return to work at the end of her leave, the employer discharged...more
Readers of a January 2, 2014, editorial in the Wall Street Journal, “A Bumper Crop of Bureaucracy,” may have wondered whether they should cry or laugh after learning about OSHA’s exploits to inspect small family farms. For...more
In March 2012, OSHA revised its Hazard Communications Standard (HCS) to align it with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The GHS is an international approach to...more
On March 22, members of the U.S. Senate reintroduced legislation which, if enacted, will dramatically enhance civil and criminal penalties under the Occupational Safety and Health Act, expand coverage of the Act to include...more
A new interpretation letter from the U.S. Department of Labor has clarified when employees who care for a disabled child will qualify for a Family and Medical Leave Act leave.*...more
In most cases, deciding what OSHA standard applies to the work in question is straight forward. When it comes to deciding whether certain work is "construction," subject to OSHA's Construction Standards, or "maintenance,"...more