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In the November edition of The Essentials, we outline key provisions of many of the new employment laws that will take effect in 2024. GENERALLY APPLICABLE NEW LAWS - AB 1076 and SB 699: Sweeping Prohibition Against...more
During the Obama presidency, the federal Occupational Safety and Health Administration issued interpretation memoranda that called into question the legality of common employer programs intended to reduce accident rates. This...more
In 2016, the Occupational Safety and Health Administration (“OSHA”) published a rule (the “2016 Rule”) – found in 29 C.F.R. § 1904.35(b)(1)(iv) – related to post-incident drug testing and workplace safety incentive programs...more
Q. Are there any limitations on my company’s ability to require employees to submit to drug and alcohol testing after an accident? A. In May 2016, OSHA published a final rule that, among other things, amended the...more
The U.S. Occupational Health and Safety Administration (“OSHA”) recently issued a Standard Interpretation memorandum (the “New Guidance”) to clarify the agency’s position on whether workplace safety incentive programs and...more
For years, employers assumed they were entitled to drug-test employees after they were injured or were involved in a workplace accident … then things became more uncertain....more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
Three related developments on the OSHA front in October have implications for employers. First, OSHA has walked back its previous interpretation of the anti-retaliation rule it implemented in 2016. That rule prohibits...more
In a Memorandum to Regional Administrators dated October 11, 2018, OSHA provided further guidance on whether certain drug testing policies or safety incentive programs would violate OSHA’s anti-retaliation standard. In its...more
For years, employers assumed they were entitled to drug-test employees after they were injured or were involved in a workplace accident … then things became more uncertain. Originally published in The Journal Record |...more
In May 2016, the Occupational Safety and Health Administration (OSHA) published a final rule adding an anti-retaliation provision that prohibits employers from retaliating against employees for reporting work-related injuries...more
The Occupational Safety and Health Administration (“OSHA”) made important announcements this month regarding the electronic submission of injury and illness data. The first of these announcements took a big step back from...more
OSHA announced this month that it is clarifying, and effectively rolling back, portions of the injury and illness rule guidance it issued in 2016. The decision walks back guidance that potentially penalized employers for...more
As all members of the construction industry know, the prevention of the occurrence of work-related injuries and illnesses is a constant concern, and one that can have serious implications for the various contractual...more
On October 11, 2018, the Occupational Safety and Health Administration (OSHA) issued a memorandum entitled Clarification of OSHA's Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R....more
On October 11, 2018, in an about-face on prior guidance, the Occupational Safety and Health Administration (OSHA) issued a significant Standard Interpretation Memorandum regarding safety-incentive programs and post-incident...more
In May 2016, the Occupational Safety and Health Administration amended 29 CFR §1904.35 to prohibit employers from retaliating against employees for reporting work-related injuries or illnesses. This revision to the...more
Many employers have implemented workplace safety incentive programs in an effort to reduce time lost to injuries or illness. The programs generally reward workers for reporting near-misses or hazards and/or reward employees...more
The Occupational Safety and Health Administration (OSHA) added an anti-retaliation provision to the recordkeeping regulation finalized in May 2016, and it seems as if the workplace safety and health community has not stopped...more
Most safety incentive programs and post-incident drug testing policies will not be considered retaliatory and unlawful under a new Standard Interpretation from the Occupational Safety and Health Administration (OSHA). ...more
House Bill 2 (“HB2”) was signed into law by Governor Matt Bevin and became effective in July 2018. Through HB2, the legislature enacted significant changes to multiple provisions of the Workers’ Compensation Act. One of the...more
On October 11, 2018, OSHA issued interpretive guidance designed to "clarify" controversial language in the Preamble to the anti-retaliation provisions in the recordkeeping and reporting amendments adopted by the Obama OSHA...more
Thank you to Jonathan Schaefer for this post. Jon is an attorney in our Environmental, Energy & Telecommunications Practice Group and his practice focuses on environmental compliance counseling, occupational health and...more
OSHA Rolls Back Enforcement of Anti-Retaliation Provisions! Yesterday, the U.S. Occupational Health and Safety Administration (“OSHA”) issued a standard interpretation clarifying its position on the new recordkeeping rule’s...more
In a memorandum to Regional Administrators dated October 11, 2018, OSHA clarified the agency’s position as to whether certain drug testing policies or safety incentive programs would be considered violations of part 29 C.F.R....more