News & Analysis as of

Expect the Best, Prepare for the Worst: OSHA Enforcement Looms Over Black Friday

“Black Friday” is the day after Thanksgiving and considered by many to be the start of the holiday shopping season. In recent times, the term “Black Friday” has been associated with the concept that retailers’ shift from...more

OSHA Updates Reporting and Recordkeeping Rule

In the September 18, 2014 Federal Register, the Occupational Safety and Health Administration (“OSHA”) published revisions to 29 CFR Part 1904 with respect to updated reporting and recordkeeping requirements. Employers...more

Federal OSHA Proposes to Take Over Enforcement of Construction Standards in Arizona

On August 21, 2014, the federal Occupational Safety and Health Administration (OSHA) proposed to revoke its approval of Arizona’s state occupational health and safety plan with respect to construction. If OSHA follows through...more

You’re NOT Paranoid – the Agencies ARE Ganging Up

Feeling a bit paranoid these days, especially where government oversight or agency investigations are involved? Your perception of reality is probably being driven less by paranoia and more by the upticks in government...more

OSHA Update: Aggressive OSHA Enforcement and "OSHA Jail"

OSHA has proposed its budget for fiscal year 2015 and there are already many contentious positions being taken regarding what had been hailed as overly aggressive enforcement positions by OSHA. Examples of overzealous...more

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

OSHA Basics and Recent Trends in OSHA Enforcement Actions

THE OCCUPATIONAL SAFETYAND HEALTH ADMINISTRATION (“the Administration”) enforces the Occupational Safety and Health Act of 1970 (“OSHA”). From the employer’s perspective, emphasis on workplace safety is important because it...more

FAA Lets OSHA Standards Board the Plane

Last week, the Federal Aviation Administration (FAA) issued a final policy allowing the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) to enforce certain of its safety standards for aircraft...more

With Richard Fairfax Retiring, a Crossroads for OSHA?

Richard Fairfax, Deputy Assistant Secretary of Labor for Occupational Safety and Health, has announced that, as long-expected, he will retire on May 3, 2013. As Melissa Bailey, Managing Shareholder of Ogletree Deakins’...more

Patton Boggs Insights - December 2012: Chemical Safety Board: CSB’s Moure-Eraso: Combustible Dust Standard Needed

Expressing frustration with the lack of action to control combustible dust hazards, CSB Chairman Rafael Moure-Eraso urged the International Code Council (ICC) to adopt a Board recommendation that would strengthen adherence to...more

OSHA Still Interested in Oil and Gas Industry

One of the biggest fines paid in the history of the U.S. Occupational Safety and Health Administration (OSHA) came from the oil and gas industry. ...more

Patton Boggs Insights - December 2012: Enforcement: OSHA Enforcement Policy In Residential Construction

For the second time this year, OSHA has extended the deadline to end temporary enforcement measures associated with its directive in residential construction to prevent falls, which are the No. 1 cause of workplace deaths in...more

Three-Year Waiting Period for SVEP Removal

In August 2012, the Occupational Safety & Health Administration (OSHA) issued a memorandum to all regional administrators within the agency setting out criteria for removing employers from the Severe Violator Enforcement...more

OSHA Ratchets Up Heat-Related Inspections; Expect State Plans Like Nevada To Follow

Under pressure to respond to the risks to employees created by the nationwide heat wave this summer, the U.S. Occupational Safety and Health Administration (OSHA) recently instructed its field enforcement staff, “to expedite...more

“Regulation by Shaming”—What is the Impact on the Economy? (Part 2)

As discussed in the prior blog post on this topic, the Occupational Safety and Health Administration (OSHA) has embarked on an enforcement campaign, aptly described as “regulation by shaming.” This includes multiple...more

“Regulation by Shaming”—What is the Impact on the Economy? (Part 1)

The long, hot pre-election season is in full swing in Washington, D.C., and to state the obvious, the economy is front and center. As a result, members of both parties have been talking about how burdensome regulations hurt...more

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