News & Analysis as of

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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