News & Analysis as of

Investigations Occupational Safety and Health Administration

Cozen O'Connor

OSHA’s New Severe Injury Report Dashboard: More Public Shaming or a Tool to Help Prevent Injuries/Illnesses?

Cozen O'Connor on

OSHA requires employers to report a fatality or severe injury (“SIR”). Generally, a fatality must be reported within 8 hours and an in-patient hospitalization, amputation, or eye loss must be reported within 24 hours. After...more

Bradley Arant Boult Cummings LLP

No. 3 of 10 Things Every Employer Should Know About OSHA: Employees Have Rights When It Comes to OSHA Interviews

Although OSHA has the right to conduct private, one-on-one interviews with a company’s non-managerial employees, those same employees have rights too. Those rights include: Keep in mind that an employee’s refusal to cooperate...more

Bradley Arant Boult Cummings LLP

No. 2 of 10 Things Every Employer Should Know About OSHA: Be Present in Manager Interviews

We all know that OSHA has the right to interview folks as part of an investigation. Whether a company representative and the company attorney can also attend an interview depends on who is being interviewed....more

Pillsbury Winthrop Shaw Pittman LLP

Working Around OSHA’s New Walkaround Rule

After May 31, 2024, employees can designate a non-employee to accompany OSHA compliance officers during worksite inspections. OSHA inspectors will determine whether non-employee representatives are “reasonably necessary”...more

K&L Gates LLP

2023 Health Care Employment Law Year in Review

K&L Gates LLP on

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address...more

Baker Donelson

Employers Take Notice: OSHA and NLRB Join Forces for Workplace Safety Investigations

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On Tuesday, October 31, 2023, the Occupational Safety and Health Administration (OSHA) and the National Labor Relations Board (NLRB) published a Memorandum of Understanding (2023 MOU) to facilitate interagency cooperation and...more

Foley & Lardner LLP

Ensuring Child Labor Law Compliance Amid Growing Scrutiny

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In February, the New York Times published an investigative report regarding alleged employment of underage migrants, many from Central America, at U.S. companies. While employment of certain minors is permitted under federal...more

Reveal

Legal Risk Management: 5 Ways to Proactively Mitigate Risk

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Corporations must innovate and set themselves apart from their competition to achieve long-term success, but they cannot act with reckless abandon in doing so. Rather, they must strategically plan their moves to proactively...more

Mitchell, Williams, Selig, Gates & Woodyard,...

OSHA Enforcement/Whistleblower Investigation: Florida City Enters into Settlement Agreement Addressing Alleged Retaliation Against...

The Occupational Safety and Health Administration (“OSHA”) issued an April 20th news release stating that it had entered into a Settlement Agreement with the City of Delray Beach, Florida, to address an alleged retaliation...more

Spilman Thomas & Battle, PLLC

Construction Employers: Beware the Ides of March

Construction continues to be one of the deadliest industries in the United States, and the Occupational Safety and Health Administration (“OSHA”) is heavily targeting construction workplaces. In 2022, OSHA inspected...more

Haight Brown & Bonesteel LLP

Predatory Behavior Alleged Against OSHA Addressed During Orange County Board of Education Board Meeting Led by Greg Rolen

During a February 17, 2023 Board of Education meeting, Partner Greg Rolen in his capacity as general counsel addressed the Orange County Board of Education with regard to an investigation into OSHA and allegations of sexual...more

Hanzo

3 Considerations Before Starting an HR Investigation

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When looking at any process, there are often things to consider before step one, and HR investigations are no different. Here are three best practices your investigations team should follow once a triggering event has taken...more

Husch Blackwell LLP

OSHA Investigates Cannabis Cultivation Facilities for Respiratory Hazards

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In January of 2022, a worker in a Massachusetts cannabis cultivation facility died because of “the hazards of ground cannabis dust,” according to a report issued by the Occupational Health and Safety Administration (OSHA). ...more

Foley & Lardner LLP

CPSC Presses Onward with Equity Action Plan

Foley & Lardner LLP on

In late spring, the Consumer Product Safety Commission (CPSC) held a roundtable for interested stakeholders to discuss the Equity Action Plan it issued on January 20, 2022. In hosting the public forum, the CPSC sought to...more

Vinson & Elkins LLP

Not Digging a Deeper Hole: How to Handle an OSHA Investigation

Vinson & Elkins LLP on

The Department of Justice announced criminal charges against an oilfield company, its vice president, and one of its contractors in connection with two deaths at a company facility in 2019. Additional charges were brought...more

Steptoe & Johnson PLLC

Feds Promise “More Stick Than Carrot” for Environmental Crimes Enforcement

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The Department of Justice’s Environmental Crimes Section Chief, Deborah Harris, recently discussed environmental crime enforcement during an American Bar Association virtual conference. Ms. Harris told attendees that...more

Bradley Arant Boult Cummings LLP

Yes, We’re Still Talking About COVID-19: OSHA Updates Guidance for Workplaces

Recently OSHA updated its guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace for employers who are not covered by the “COVID-19 Emergency Temporary Standard for Healthcare.” As we explained before,...more

Cozen O'Connor

OSHA’s Return To Public Shaming

Cozen O'Connor on

Prior to the Trump administration, OSHA commonly engaged in the practice of “public shaming.” In other words, if an OSHA investigation found a relatively serious safety violation, it would issue a press release identifying...more

Butler Snow LLP

Long-Term Care Facilities: OSHA Monitors Employer Weekly Reports to CMS

Butler Snow LLP on

OSHA is pursuing a new avenue to identify potential employer violations related to COVID-19 employee deaths at long-term care facilities: employers’ CMS data. In May 2020, the Centers for Medicare & Medicaid Services...more

Epstein Becker & Green

#WorkforceWednesday: Office Building Guidance, OSHA Steps Up, “Fluctuating Workweek” Rule - Employment Law This Week®

It's #WorkforceWednesday. Here’s the week’s top workforce management and employment law news: CDC Issues Office Building Reopening Guidance The Centers for Disease Control has issued guidance for employers reopening office...more

Franczek P.C.

OSHA Revamps Investigation Protocols Amid COVID-19

Franczek P.C. on

Last week, the Occupational Safety and Health Administration (OSHA) issued an Interim Enforcement Response Plan for Coronavirus Disease 2019 (interim plan) to guide the agency’s field personnel in handling investigations into...more

Jackson Lewis P.C.

The Waiting Is The Hardest Part: Staff Decreases, Whistleblower Claim Increases Strain OSHA

Jackson Lewis P.C. on

A February 20, 2019 article from Bloomberg Law provides statistics to explain the significant delays experienced by litigators and attorneys alike in Occupational Safety and Health Administration’s investigation of...more

Pullman & Comley - Labor, Employment and...

OSHA “Paper” Investigations

The federal Occupational Safety and Health Administration has broad power to inspect workplaces. Section 8 of the Occupational Safety and Health Act empowers OSHA inspectors “to enter without delay and at reasonable times any...more

Fisher Phillips

8 For ‘18: 8 Things for Employers to Look For from OSHA and MSHA in 2018

Fisher Phillips on

It’s that time of year again: for employers to celebrate the successes of the prior year and make plans and resolutions for the new one. But OSHA and MSHA are making New Year’s resolutions, too, and employers are well-advised...more

Proskauer - Whistleblower Defense

OSHA Launches “Expedited Case Processing Pilot” For Whistleblower Claims

On August 1, 2016, the U.S. Department of Labor (DOL) launched a new pilot program, titled “Expedited Case Processing Pilot,” in its Western region. The program enables a complainant filing claims under whistleblower...more

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