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

5 Workplace Safety Tips to Protect Employees from Violent Co-Workers (While Complying with Employment Laws)

According to the Occupational Safety & Health Administration (OSHA), homicide is the fourth-leading cause of fatal occupational injuries in the United States. This article gives employers practical advice aimed at keeping the...more

New OSHA Directive to Assist in Early Resolution of Whistleblower Complaints

On August 19, 2015, OSHA issued new policies and procedures (Compliance Directive: CPL 02-03-006) for applying a new process for resolving whistleblower disputes. This directive is OSHA’s attempt to institute an early...more

Must Poultry Employers Comply with Terms of Letter from Heads of USDA and OSHA?

OSHA recently reminded the Poultry Industry that it has not lost interest in a multiple front attack on processors, as shown by the almost $1,000,000 in citations issued against a Midwestern processor. You should view these...more

U.S. construction companies and manager face fines of nearly $2 million for exposing workers to asbestos

The U.S. Occupational Safety and Health Administration (OHSA) has cited a construction company and its manager for asbestos-related violations and imposed fines of almost $2 million.  Safety regulators are increasingly taking...more

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

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

OSHA Seeks to Extend Deadline for Citations Against Employers for Recordkeeping Violations

Once the Occupational Safety and Health Administration opens an investigation of an employer, it has six months to complete the investigation and issue citations. In 2012, the D.C. Circuit Court of Appeals determined that...more

Six Things the Private Sector Should Know About EPA's Final Vapor Intrusion Guidance

The cumulative impact of the EPA guidance is to require the generation of more data, which means more sampling and analysis, more frequent and stringent remediation, and potentially higher remediation costs. At long...more

OSHA Broadens Scope of Inspections in Hospitals and Nursing Homes

On June 25, 2015, the Occupational Safety and Health Administration (OSHA) released a memorandum, entitled "Inspection Guidance for Inpatient Healthcare Settings," establishing new guidance for OSHA staff for inspections...more

OSHA Updates Emphasis Program on Amputations – Cites Employer and Places It on Severe Violators List

Last week OSHA issued its updated National Emphasis Program on Amputations (NEP). Instruction CPL 03-00-019 (June 30, 2015). Take that juxtaposed against OSHA’s citation in a recent case where on his first day on the job a...more

OSHA Proposes Rule Clarifying Record Retention Requirements for Injury and Illness Logs

One of the questions often asked by employers is “how long do I have to keep a given record?” Record retention requirements vary from law to law and many companies struggle with the question of how long to keep certain...more

When Labeling An Employee “Male” May Not Be Good Enough Anymore

The rapid pace of the country’s openness to discuss issues of gender identity (and no, this isn’t going to be an article about Caitlyn Jenner) has actually led to a rise in the use of words to describe situations that you may...more

OSHA Updates National Emphasis Program on Amputations

On August 13, 2015, OSHA announced its updated National Emphasis Program (NEP) for Amputations will now include all industries that contain machinery or equipment which may cause amputations. Under the new National Emphasis...more

Would a Contagious Disease Contracted at Work Qualify for Workers’ Comp in Illinois?

The Ebola scare of 2014 alerted many workers to the worries of contagious and sometimes deadly diseases present in healthcare facilities. This was of greatest concern to emergency medical technicians – ambulance personnel –...more

The NLRB Refuses to Require its General Counsel to Explain the Joint Employer Case Against McDonald's

The National Labor Relations Board continues the string of controversial moves in its unfair labor practice cases against McDonald’s. In December 2014, the NLRB’s General Counsel filed thirteen complaints naming the...more

The Quirks of Mid-Atlantic State OSHA Plans: North Carolina

While a “State-OSHA Plan” must at least meet Fed-OSHA standards, these plans often develop their own additional requirements and have widely varying enforcement and appeal processes. When Federal OSHA adopts a new regulation,...more

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2015

EPA Issues Direct Final Rule On Significant New Use Notification Electronic Reporting: On July 20, 2015, the U.S. Environmental Protection Agency (EPA) issued a direct final rule amending the Toxic Substances Control Act...more

Workplace Violence – Putting Employers on the Horns of a Dilemma

Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces. Two recent cases illustrate the competing liabilities that employers face in their...more

Bad Law? Change It.

As the saying goes, when attorneys have the facts on their side, they pound the facts. When they have the law, they pound the law. And when they have neither, they pound the table. There’s another way. Quit pounding....more

Fifth Circuit Revives SOX Whistleblower Claim But Rejects Allegations Not Exhausted Before OSHA

In Wallace v. Tesoro Corp., the Fifth Circuit revived a SOX whistleblower complaint that was dismissed by the U.S. District Court for the Western District of Texas, finding that the plaintiff’s alleged belief that the company...more

Fifth Circuit Rejects SOX Whistleblower Claims Not Raised in Administrative Complaint; Adopts Liberal "Reasonable Belief" Pleading...

On July 31, 2015, the Fifth Circuit issued a decision that may have both a positive and negative impact on employers defending whistleblower retaliation claims under the Sarbanes Oxley Act (SOX). In this decision, the court...more

An Apple A Day Keeps Employers Awake

Bloomberg just reported last week that the Apple Watch “is eroding demand for traditional timepieces.” That’s not just a bad sign for watch retailers, but for employers who continue to have to keep up with the ever-shrinking...more

Proposed FAR Rules Impose Significant New Burdens for Government Contractors

On May 28, 2015, the Obama administration published proposed amendments to the Federal Acquisition Regulation (FAR) and related Department of Labor (DOL) guidance to implement the July 31, 2014, “Fair Pay and Safe Workplaces”...more

How Should Employers Provide Bathrooms for Transgender Employees? OSHA Has the Answer.

One of the great equalizing principles in life is that everyone, regardless of gender, has to use a bathroom. This leads to one of the touchier issues involving employers and transgender employees, however, as bathroom use is...more

A little good news: OSHA Grants Some Reprieve For Compliance with Its New Construction Industry Confined Space Rules

On May 4, 2015, OSHA issued a final rule setting new standards for workers in confined spaces on construction sites. The new rule requires coordination for multiple employers at the worksite, a competent person to evaluate...more

OSHA Issues Temporary Enforcement Policy for Confined Spaces in Construction

On July 9, 2015, the United States Department of Labor's Occupational Safety and Health Administration (OSHA) announced a 60-day temporary enforcement policy of its Confined Spaces in Construction standard which becomes...more

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