Patrick J. Miller

Patrick J. Miller

Sherman & Howard L.L.C.

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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

OSHA Update - Congress to Consider OSHA Reform, Again.

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

4/8/2013 - OSHA Penalties Proposed Legislation Public Employees

OSHA Update - "Construction" or "Maintenance" What OSHA Standards Apply?

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

12/12/2012 - OSHA

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