Patrick J. Miller

Patrick J. Miller

Sherman & Howard L.L.C.

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OSHA Update: OSHA Issues Recommended Practices for Construction Safety and Health Programs

Following the October 18th release of its “Recommended Practices for Safety and Health Programs,” OSHA issued similar Recommended Practices for the construction industry on December 1, 2016. Unlike general industry,...more

12/6/2016 - Construction Industry Health and Safety OSHA Workplace Injury Workplace Safety

OSHA Update: Court Allows OSHA’s New Anti-Retaliation Rules To Stand – At Least For Now

On November 28, 2016, the United States District Court for the Northern District of Texas denied a request for a preliminary injunction to prevent enforcement of OSHA’s controversial new anti-retaliation rules. The plaintiffs...more

11/30/2016 - Anti-Retaliation Provisions Dismissals Drug Testing Imminent Harm OSHA Preliminary Injunctions Reporting Requirements Workplace Safety

OSHA Update: OSHA Issues Comprehensive Recommended Practices for Safety & Health Programs

On October 18th, OSHA issued its long-awaited “Recommended Practices for Safety and Health Programs”. The Recommendations replace OSHA’s 1989 Voluntary Guidelines with a comprehensive web-site containing numerous resources to...more

10/25/2016 - Employer Liability Issues Health and Safety OSHA Workplace Safety

OSHA Issues “Guidance” on New Anti-Retaliation Rules – Is Employee Drug Testing Now Off The Table?

On October 19, 2016, OSHA issued guidance with respect to certain controversial provisions of its new anti-retaliation rules, originally published on May 12, 2016. As we have previously discussed, OSHA’s new rules prohibit...more

10/25/2016 - Anti-Retaliation Provisions Delays Drug Testing Final Rules New Guidance OSHA Reporting Requirements Workplace Injury Workplace Safety

“Fair Pay and Safe Work Places” Rule Issued – Federal Contractors Beware!

On August 25, 2016, the federal government published sweeping new rules requiring contractors bidding on federal contracts to submit detailed information about their labor and employment violations as part of the bidding...more

9/2/2016 - Competitive Bidding Disclosure Requirements DOL Executive Orders Fair Pay and Safe Workplaces Federal Acquisition Regulations (FAR) Federal Contractors Final Rules Labor Law Violations Reporting Requirements Subcontractors

OSHA Delays Effective Date of New Anti-Retaliation Rule

OSHA has announced that it will delay the implementation of its new anti-retaliation rule from August 10 to November 1, 2016, in order “to conduct additional outreach and provide educational materials and guidance for...more

7/18/2016 - Anti-Retaliation Provisions Delays Drug Testing Incentives OSHA Preliminary Injunctions Reporting Requirements Workplace Injury Workplace Safety

OSHA Update: OSHA Fines Set to Increase 78% August 1, 2016

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

7/6/2016 - Civil Monetary Penalty Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 OSHA Safety Violations Workplace Safety

OSHA Update: OSHA’s New Anti-Discrimination Requirements – What Every Human Resource Professional Needs to Know

On May 11, 2016, OSHA amended its Injury and Illness Recordkeeping Rule. While much attention has been paid to the new requirements that employers electronically submit their injury and illness records to OSHA starting in...more

5/26/2016 - Anti-Discrimination Policies Corporate Counsel Employer Liability Issues Notice Requirements OSHA Popular Posting Requirements Recordkeeping Requirements

OSHA Update: OSHA Announces Drastic New Recordkeeping and Retaliation Rule

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

5/12/2016 - Data Collection Electronic Filing Employer Mandates OSHA Recordkeeping Requirements Reporting Requirements Workplace Hazards Workplace Injury Workplace Safety

OSHA Alert: OSHA Issues New Silica Rule

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

3/29/2016 - New Regulations OSHA Silica Toxic Exposure Workplace Hazards

OSHA Issues Revised Procedures to Handle Reporting Requirements - New “Safe Harbor” for Employer Investigation Reports

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

3/17/2016 - Internal Investigations OSHA Reporting Requirements Safe Harbors

New "Worker Endangerment Initiative" May Increase Criminal Prosecutions of Workplace Safety Violations

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

1/12/2016 - DOJ DOL Migrant Workers MSHA OSHA Safety Violations Seasonal Workers Workplace Safety

OSHA Fines to Increase Dramatically

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

11/5/2015 - Bipartisan Budget Consumer Price Index Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Fines Inflation Adjustments OSHA Penalties

Is your Company a “Joint-Employer” under OSHA?

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

9/16/2015 - Browning-Ferris Industries of California Inc. Collective Bargaining Franchisee Franchises Franchisors Joint Employers OSHA Staffing Agencies Unions Wage and Hour

OSHA Delays Enforcement Date of New Confined Spaces in Construction Standard

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

7/15/2015 - Construction Industry OSHA Workplace Hazards Workplace Safety

OSHA Issues New Confined Spaces in Construction Standard

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

5/11/2015 - Construction Industry Construction Site New Regulations OSHA Workplace Hazards

OSHA Issues Controversial Procedures to Deal with New Reporting Requirements

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

3/2/2015 - Employer Mandates OSHA Popular Recordkeeping Requirements Reporting Requirements Workplace Injury

Are You On OSHA’s New List?

Recently, OSHA announced a revision to its recordkeeping requirements. The revision updates the list of industries required to keep injury and illness records. The new requirements go into effect on January 1, 2015. Some...more

11/7/2014 - Employer Liability Issues OSHA Recordkeeping Requirements Workplace Injury

OSHA Announces Final Rule Increasing Employers’ Injury Reporting Obligations

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

9/15/2014 - Employer Liability Issues Final Rules OSHA Reporting Requirements Workplace Injury

New Rule On Reporting Worker Hospitalization

On September 11, 2014, OSHA announced a new rule that will require employers to report, in addition to fatalities, all in-patient hospitalizations resulting from a work-related incident....more

9/15/2014 - OSHA Reporting Requirements Workplace Injury

OSHA Update: OSHA Proposes To Regulate Retaliation Through Citation

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

9/12/2014 - Employer Liability Issues OSHA Proposed Regulation Reporting Requirements Retaliation Workplace Injury

OSHA Update: Legal Privileges Can Shield Accident Reports and Safety Audits from Disclosure

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

8/8/2014 - Audits Bodily Injury Disclosure Employer Liability Issues MSHA OSHA Safety Precautions

OSHA's Expanding Interpretations of the Law

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

1/17/2014 - Compliance Enforcement OSHA Workplace Hazards

Get Ready for OSHA’s Revised Hazard Communication Standard Employee Training Deadline December 1, 2013

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

8/15/2013 - Chemicals Hazardous Substances Labeling OSHA Safety Inspections Training United Nations

Tenth Circuit Broadens Whistleblower Protection Under SOX

In a recent decision, the United States Court of Appeals for the Tenth Circuit broadened the types of claims that may be recognized under the anti-retaliation provisions of the Sarbanes-Oxley Act. Lockheed Martin Corp. v....more

7/12/2013 - Anti-Retaliation Provisions Bank Fraud Compliance DOL Ethics Fraud Sarbanes-Oxley Whistleblowers Wire Fraud

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