Occupational Safety and Health Administration

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
News & Analysis as of

Employment Law - June 2015 #2

Joint Employers Can Be Liable for Employee Misclassification in California: Why it matters - Liability under the California Labor Code extends to joint employers that are aware of a willful misclassification of an...more

OSHA Clarifies Standards for Whistleblower Investigations

The Occupational Safety and Health Administration (OSHA) has issued a new memo to clarify the investigative standards it has in place for its whistleblower investigations. There are more than 20 whistleblower protection laws...more

OSHA Clarifies RAGAGEP Definition and Abandons Use of "Commercial Grade" in PSM Standard

On June 9, 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) published two interpretations related to process safety management (“PSM”). In this publication, OSHA defined the term...more

Whistleblowing: An Employer’s Guide To Global Compliance

In This Issue: - Foreword - A Summary Across Five Continents - Law and Sanctions - The Legislative Framework: Whistleblower Protections Across the Globe - Global Differences: The Cultural...more

House and Senate Appropriations Committees Approve Funding Bills with Riders Targeting DOL, NLRB Initiatives

Both the House and Senate Appropriations Committees advanced bills this week to fund various federal agencies for FY 2016. Each chamber approved versions of spending measures that include riders prohibiting funding for a...more

New SDS Disclosures Require Changes to Overall Hazard Communication Policy

On June 1, new OSHA rules took effect for all employers, changing requirements for chemical manufacturers and importers who prepare and distribute Safety Data Sheets (SDS). Under these rules, the SDS (previously called...more

Beyond Ebola: Environmental Regulatory Issues Creating Business Risks for Health Care Providers

Business and legal risks to health care companies reach far beyond scientific uncertainties in the prevention protocols for infectious diseases due to lack of clarity among regulators with public health...more

Whistleblowers Big Winners After OSHA Obtains Injunction in Case

On May 7, the Occupational Safety and Health Administration (OSHA) succeeded in obtaining a preliminary injunction in a whistleblower claim, which kept the Lear Corporation from being able to retaliate any further against a...more

Fenwick Employment Brief - June 2015

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation - Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to...more

Know Where to Go When You Gotta Go: OSHA Releases “Best Practices” on Restroom Access for Transgender Workers

Earlier this month, OSHA published a Guide to assist employers who may have questions about providing bathroom access to transgender employees. The brief Guide notes that studies show there are an estimated 700,000 adults in...more

OSHA Issues More Guidance Regarding Temporary Workers

The Occupational Health and Safety Administration (OSHA) has issued two new bulletins in support of its ongoing Temporary Worker Initiative. The initiative was launched two years ago to increase OSHA’s focus on temporary...more

OSHA Interpretation on Recognized and Generally Accepted Good Engineering Practices in Process Safety Management

OSHA has just published a Standard Interpretation (Interpretation) to provide guidance on the enforcement of the Process Safety Management (PSM) Standard’s “recognized and generally accepted good engineering practices”...more

Proposed Regulations and Guidance Issued for Executive Order on Fair Pay and Safe Workplaces

Although the regulations are not final and may change, government contractors should take steps now to prepare for the anticipated final regulations under the Executive Order. On May 28, the Federal Acquisition...more

EPA Takes Positions on Vapor Intrusion

In a busy day for vapor intrusion, last week the U. S. Environmental Protection Agency made several announcements about vapor intrusion. First, it announced it had submitted a draft rule to the White House OMB seeking to...more

DOL Presents: The Ghost of Violations Past

On May 28, 2015, the Department of Labor (DOL) issued proposed guidance for President Obama's infamous Executive Order 13673 – "Fair Pay and Safe Workplaces" (the Order). Although the stated purpose of the Order is "to...more

OSHA Issues Guidance Regarding Transgender Employees

As transgender issues seem to dominate the headlines, another federal agency has stepped into the debate. Last week, the Occupational Health and Safety Administration (OSHA) issued guidance strongly urging employers to give...more

What You Need to Know About Accommodating Transgender Employees

The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more

Draft Appropriations Bill Seeks to De-Fund Various Regulatory Efforts

A draft House appropriations bill to fund various federal agencies, including the Department of Labor, for Fiscal Year 2016 includes several provisions that would effectively halt a number of controversial regulatory efforts....more

U.S. OSHA and Health Canada continue “partnership” to coordinate labelling and classification of hazardous chemicals, implement...

Health Canada and the U.S. Occupational Safety and Health Administration (OSHA) have announced that they will “continue their partnership” to “align United States and Canadian regulatory approaches regarding labelling and...more

OSHA Publishes Guidance Regarding Restroom Access for Transgender Employees

On June 1, 2015, the United States Occupational Safety and Health Administration (“OSHA”) published A Guide to Restroom Access for Transgender Workers. OSHA stated that the “core principle” of the Guide is as follows: “All...more

OSHA’s New Guidance on Transgender Restroom Access: What Employers Need to Know

On June 1, 2015, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance on the best practices for providing restroom access to transgender workers. The guidance’s core principle is...more

Summertime Safety: Rollercoasters, Bounce Houses and Other Dangers

Amusement parks are supposed to be amusing – filled with family fun and a great place for older teens to meet up with friends without hovering parents. Unfortunately, they are not always what they are supposed to be, and...more

Ebola Fears: Employer Best Practices for Epidemic Preparedness

Potential Ebola virus exposure is a concern that strikes fear in many. Employers may be confronted—if they have not been already—with difficult managerial decisions that must address employees' rational—or irrational—fears of...more

OSHA Issues Guidance on Restroom Access for Transgender Employees

On June 1, 2015, the Occupational Safety and Health Administration (OSHA) announced its publication of new guidance on best practices regarding transgender employees’ bathroom access. The announcement comes after the National...more

OSHA Issues Guidance on Transgender Workers and Workplace Restrooms

For those savvy employers staying ahead of the curve, here’s something new: OSHA has published a “Best Practices” guide addressing restroom access for transgender workers. To be clear, as “guidance,” the OSHA publication is...more

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