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

California: Cal/OSHA Transitions to Electronic Case Management

California employers will soon be able electronically manage California Occupational Safety and Health Appeals Board ("OSHAB") cases...more

Recent Developments that Prohibit Common Separation and Settlement Agreement Provisions

Two federal agencies recently challenged the validity of what many would consider standard release agreement provisions. On August 10, 2016, the Securities and Exchange Commission (SEC) fined a company for including...more

Employers’ Guide To The 1st Presidential Debate

Seyfarth Synopsis: For a multitude of reasons, the stakes are exceedingly high for employers in the upcoming Presidential election. Legal compliance strategies and effective control of workplace litigation risks inevitably...more

Court Holds OSHA Violated Notice-and-Comment Procedure with 2015 Retail Exemption Memorandum

Recently, the D.C. Circuit Court of Appeals ruled the Occupational Safety and Health Administration ("OSHA") violated the Occupational Safety and Health Act ("OSH Act") when it issued a "guidance" memorandum in 2015 titled...more

Lawsuit Filed Against OSHA on Walk-Arounds

The Occupational Safety and Health Administration overstepped its authority in expanding union representation at “walk-arounds” in non-union workplaces, the National Federation of Independent Business has alleged in a lawsuit...more

Regulated Industry Successfully Challenges New OSHA Process Safety Management Enforcement Policies

On September 23, 2016, the D.C. Court of Appeals ruled that the Occupational Safety and Health Administration (OSHA) wrongfully adopted new safety requirements for fertilizer dealers who have to comply with the Process Safety...more

OSHA Penalties Skyrocket

OSHA civil penalties jumped dramatically on August 1, 2016, creating a daunting burden for employers. Last year, Congress enacted the Federal Civil Penalties Inflation Adjustment Act 0f 2015. The Act directed federal...more

OSHA Increases Scrutiny of Whistleblower Settlement Agreements

Following the SEC’s lead, OSHA recently announced new guidelines that it will consider when deciding whether to approve settlement agreements reached during OSHA investigations of whistleblower claims....more

Employment Law This Week®: Non-Solicitation Violation, SOX 304 Clawback, NLRB’s Joint-Employer Standard, OSHA’s “Walk Around” Rule [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

OSHA Addresses Sarbanes-Oxley Whistleblower Releases

We have written about SEC enforcement actions related to severance and confidentiality agreements that restrict reporting matters to the SEC. OSHA has also issued guidance regarding settlement agreements with whistleblowers...more

Addressing Zika’s Continued Threat to the Workplace

The growing prevalence of the Zika virus in the United States has already presented a number of hurdles for employers striving to create a safe and healthy workplace environment for their employees. These concerns are more...more

Industry Group Files Reply in Support of Motion to Prevent Enforcement of OSHA's Injury Reporting Rule

A coalition of industry groups ("Plaintiffs") filed suit in the Northern District of Texas in July challenging the legality of specific provisions relating to safety incentive programs and post-incident drug testing in OSHA's...more

OSHA Requests Information on Shipyard Safety Rules Covering Falls

The Occupational Safety and Health Administration is considering updating its safety standards covering falls in shipbuilding, ship repair, shipbreaking, and other shipyard-related employment and has issued a Request for...more

Workplace Violence in the Health Care Setting – Is Your Organization Prepared? [Video]

Workplace violence is more common than you may think – is your health care facility prepared? Recently, The Occupational Safety and Health Administration (OSHA) updated guidelines for workplace violence as it relates...more

Maximum Civil Penalties for Violations of Environmental, Health and Safety Laws Substantially Increased by EPA, OSHA and DOI to...

On August 1, 2016, maximum civil penalties imposed by the US Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) increased significantly pursuant to interim final rules these...more

National Organization for Onboarding and Training of New Employees Industry Wide in the Oil and Gas Industry Provides Example for...

Seyfarth Synopsis: The National STEPS Network provides a working model of an industry wide employee onboarding and safety training program. We attended the World Safety Organization International Environmental and...more

OSHA Joins the SEC in Attacking Confidentiality and Other Provisions in Private Settlement Agreements

On September 15, 2016, the federal Occupational Safety and Health Administration (OSHA) released new policy guidelines for its review of private settlement agreements presented to the agency for approval in whistleblowing...more

OSHA Issues New Guidance Regarding Whistleblower Settlements

OSHA has issued new guidance on approving settlement agreements in whistleblower cases, revising portions of its Whistleblower Investigations Manual. The guidance, dated August 23 but not released until September 15, states...more

What You Need to Know About the New Federal Contractor Blacklisting Rules

This past month, the Department of Labor (DOL) issued its Final Rule and Guidance on the Fair Pay and Safe Workplaces Executive Order 13673 (Executive Order) which subject existing and prospective government contractors to a...more

OSHA Details Federal Contractor Safety Violation Disclosures

Under the Fair Pay and Safe Workplaces executive order (E.O. 13,673), beginning in October 2017 federal contractors will have to begin disclosing a range of labor law violations when bidding for new federal work. These...more

New Federal Rules Will Affect Contractors Who Don’t Play by The Rules

Federal contractors have a powerful new incentive to play by the rules. Starting in October, businesses seeking federal contract work must disclose any labor law violations going back three years. Depending on the violation,...more

OSHA Sued Over Employee Inspection Walk-Around Rights Interpretation

Seyfarth Synopsis: Industry has sued to block OSHA’s efforts to give unions increased access to non-union worksites. We had blogged previously about OSHA’s new standard interpretation guidance letter that would allow...more

OSHA Makes it Harder to Settle Whistleblower Claims.

As you may or may not know, OSHA administers the whistleblower portions of about 22 federal statutes. Similar to the recent information from the SEC about problematic language in settlement agreements, OSHA, in its role as...more

OSHA Weighs in on Retaliation and Drug Testing

QUESTION: We conduct drug testing whenever an employee is injured at work or in involved in an accident. I recently read that this may violate OSHA’s anti-retaliation rule. How can that be? I would think OSHA would want...more

OSHA Clarifies Cranes and Derricks in Construction Standard for Moving Grave Headstones, Monuments

Using a crane to move headstones and small monuments is “generally” not defined as construction, but the crane operator is still responsible for stringent worker-safety rules regarding crane operations, the Occupational...more

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