News & Analysis as of September 23, 2024

Freedom of Information Act › Occupational Safety and Health Administration

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The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version. less -

OSHA Expands Electronic Injury/Illness Data Reporting and Recordkeeping Requirements

Seyfarth Shaw LLP on 7/18/2023

Seyfarth Synopsis: OSHA has announced new rules requiring a broad range of employers to electronically submit additional injury and illness information in 2024....more

Beltway Buzz - February 2023 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/20/2023

Wilson Leaving FTC. Christine Wilson, the only Republican commissioner serving on the Federal Trade Commission, announced this week that she would be resigning her position. In an opinion piece printed by an internationally...more

Beltway Buzz - August 2022 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/22/2022

Inflation Reduction Act: Guidance on the Way? On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022, Democrats’ $737 billion reconciliation bill that focuses on tax reform, climate change,...more

Strategic Considerations When Producing Documents During An OSHA Inspection

Cozen O'Connor on 7/8/2022

During an OSHA inspection, the compliance officer will most likely request certain documents such as the manufacturer’s manual, safety and health policies, internal or external safety and health audits, videotapes, minutes...more

OFCCP Week In Review: February 2021

DirectEmployers Association on 2/1/2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Judge Rules OSHA Can Release Employer Injury Records

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/17/2020

On June 4, 2020, Magistrate Judge Donna M. Ryu of the U.S. District Court for the Northern District of California ruled in The Center for Investigative Reporting v. Department of Labor that employers’ injury and illness...more

Beltway Buzz - April 2019

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/8/2019

Gentlemen, You Can’t Fight in Here! This Is the War Room! On April 3, 2019, for the third time in six years, the U.S. Senate went “nuclear” and changed its rules regarding filibustering of presidential nominees. This time,...more

Beltway Buzz - March 2019 #5

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/1/2019

Regular Rate Proposal Issues. On March 29, 2019, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published a notice of proposed rulemaking (NPRM) to clarify what forms of payments must be included (or...more

OSHA Partially Rescinds Electronic Recordkeeping Rule

Parker Poe Adams & Bernstein LLP on 2/6/2019

On January 25, the U.S. Department of Labor’s Occupational Safety and Health Administration issued final regulations that roll back an Obama-era proposal that would have required large employers to submit extensive...more

Privacy Concerns Lead OSHA to Rescind its Electronic Filing Requirement

Robinson+Cole Data Privacy + Security Insider on 2/4/2019

In response to concerns raised by employers and to protect worker privacy, the Occupational Health & Safety Administration (OSHA) recently amended its recordkeeping regulations to eliminate the requirement that larger...more

OSHA Pulls Back on Electronic Reporting Rule

Ruder Ware on 2/1/2019

The Occupational Safety and Health Administration (OSHA) has partly pulled back on its controversial requirement that certain employers electronically file injury and illness data with OSHA. Last week, OSHA announced that...more

OSHA Releases Revisions to Electronic Recordkeeping Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/28/2019

On January 25, 2019, the Occupational Safety and Health Administration (OSHA) published in the Federal Register its revisions to its electronic recordkeeping rules. As expected, OSHA eliminated the requirement for employers...more

OSHA Rescinds Substantial Portion of Injury/Illness Electronic Reporting Requirement

Bracewell LLP on 1/25/2019

Under pressure from business organizations, OSHA has issued a final rule rescinding the requirement for workplaces with 250 or more employees to electronically submit data from their OSHA 300 and 301 forms to the agency. The...more

A 2019 L&E Forecast for In-House Counsel, Part I: A Workplace Safety Issue on the Horizon

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/19/2018

In 2019, general counsels can expect the debate to rage on over the Occupational Safety and Health Administration’s (OSHA) proposal to rescind the requirement that large employers electronically submit information from OSHA...more

Beltway Buzz - August, 2018 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/13/2018

ALJs A-OK at NLRB. In a June 2018 case called Lucia v. Securities and Exchange Commission, the Supreme Court of the United States ruled that Securities and Exchange Commission (SEC) administrative law judges (ALJs) were not...more

Roller Coaster Rulemaking: OSHA Publishes Proposed Rule To Reduce Injury And Illness Electronic Reporting Requirements

Seyfarth Shaw LLP on 7/30/2018

Seyfarth Synopsis: OSHA today published a proposed rule to amend the injury and illness recordkeeping rules by rescinding the requirement for establishments with 250 or more employees to electronically submit information...more

Beltway Buzz - September, 2017 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/25/2017

“Zombie” ACA Repeal-and-Replace Effort Suddenly Resuscitated. Opponents of Affordable Care Act (ACA) repeal-and-replace efforts no doubt forgot the vitally important “double tap” rule, and now the zombie legislative effort is...more

Proskauer Joins Heads of SEC & OSHA Whistleblower Programs in Webinar

Proskauer - Whistleblower Defense on 9/30/2016

On September 27, 2016, Proskauer Partner Steven J. Pearlman, co-head of the Whistleblowing & Retaliation Practice Group, participated in a Bloomberg webinar with Jane Norberg, Acting Chief of the SEC Office of the...more

Environmental Notes - April 2016

Williams Mullen on 4/27/2016

EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more

“Reasonable Cause” Standard Highlighted In OSHA’s Revised Whistleblower Investigations Manual

Proskauer - Whistleblowing & Retaliation on 2/11/2016

On January 28, 2016, OSHA issued a revised Whistleblower Investigations Manual (“Manual”) outlining procedures for the handling of retaliation complaints under the various whistleblower statutes that OSHA oversees. Chapter 3...more

The Employment Expansion Trifecta: The Wage and Hour Division, The National Labor Relations Board, and . . . OSHA?

Bond Schoeneck & King PLLC on 9/10/2015

Perhaps it is the end of racing season in Saratoga, but the federal employment agencies are certainly looking to hit the trifecta against independent contractors, franchisors, parent companies, and similar entities under the...more

IFA Seeks OSHA Explanation of Applying a New Joint Employer Standard

Seyfarth Shaw LLP on 9/1/2015

The International Franchise Association (IFA) has filed a Freedom of Information Act (FOIA) request with the Occupational Safety & Health Administration (OSHA) asking for the rationale behind questions that its inspectors are...more

New OSHA Directive to Speed Up Resolution of Whistleblower Complaints Under OSH Act, Dodd-Frank, Other Laws

Ballard Spahr LLP on 8/25/2015

A directive to establish nationwide policies and procedures aimed at speeding up the resolution of “whistleblower” complaints handled by the Occupational Safety and Health Administration (OSHA) was issued on August 19, 2015....more

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