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

Labor And Employment E-Note - November 2015

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990... Please see full E-Note below for more...more

Worker’s fainting at sight of his own blood was “work-related”: U.S. OSHA

We all know people who get light-headed at the sight of blood.  The U.S. Occupational Safety and Health Administration (OSHA) has issued an interpretation letter, advising that an incident in which a worker fainted at the...more

OSHA Releases FY 2015 Stats Showing An Increase In Whistleblower Claims

According to figures recently released by OSHA, there has been a general increase in the number of whistleblower cases filed in fiscal year 2015 (FY 2015), in comparison to the number of cases filed in FY 2014.  Here are some...more

OSHA’s Latest Regulatory Agenda: Silica, Tree Care, Powered Industrial Trucks, Lockout/Tagout . . . and Much More

The U. S. Department of Labor (DOL) recently released its Fall 2015 Regulatory Agenda, its semi-annual status report of all regulatory actions underway or being contemplated by the DOL’s agencies. Included in the agenda were...more

Working with Union Experts After an Accident: A Federal Appeals Court Sides with the Union’s Right to Inspect Over the Employer’s...

A federal appellate court in the Midwest suggests that while unions do not have blanket approval to inspect an employer’s worksite, the union’s interest in safety generally will outweigh an employer’s interest in...more

Telecommuting — Employees Enter the Sharing Economy? (Part 2)

Last week we began delving into some of the many issues that the rise of telecommuting has caused employers to confront, ranging from jurisdictional questions to how to determine when remote employees are actually working and...more

OSHA Penalties to Increase in 2016

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990. The Federal Civil Penalties Inflation Adjustment Act...more

OSHA Fines May Increase More Than 80% In 2016

The recent budget Congress passed included a provision that allows the Occupational Safety and Health Administration (“OSHA”) to raise its fines, which has not been adjusted since 1990....more

Seriously, It's Time to Take Safety Seriously

The Federal government is engaging tough measures to ensure corporations take safety seriously. First, OSHA is in the process of implementing changes to its penalty calculation system, which includes increasing penalty...more

New OSHA Penalty Maximums Take Effect by August 1, 2016

The recent federal budget compromise contains a potentially nasty surprise for some employers. The new law allows the Occupational Safety and Health Administration, among other federal agencies, to increase civil penalties...more

Update – New OSHA Maximum Penalty Amounts Become More Clear – October, 2015 CPI Released

As we mentioned in our previous blog, the bipartisan budget signed by President Obama on November 2, 2015 contains provisions that will allow OSHA to raise maximum penalties for the first time in 25 years. The maximum...more

More Dope On OSHA's New Weighted Inspection Process

We updated you about OSHA’s new Weighted Inspection Program in our October 3 post, “What’s the Real Effect of OSHA’s Revamped Inspection Process, the Enforcement Weighing System?”   A BNA piece tonight summed up the...more

It’s Time to Review and Update Safety and Compliance Regimens – OSHA Penalties Set to Surge in 2016

For the first time since 1990, the Occupational Safety and Health Administration (OSHA) has been authorized to increase its civil penalties. The provision was inserted into the expansive Bipartisan Budget Act of 2015, which...more

OSHA Targets More Manufacturing Industries For Amputation Inspections

In August, OSHA issued a revised version of its 2006 Directive on the Agency’s National Emphasis Program on Amputations that includes an updated list of 80 industries, primarily in manufacturing, that are targeted for...more

Substantial OSHA Penalty Increases Are Coming

OSHA penalties are going up. EPA’s penalties are going up, too. However, while EPA penalties have been going up modestly every four years to take inflation into account, OSHA penalties have not increased in 25 years. Maximum...more

OSHA Vows Continued Enforcement As Work Fatalities Rise

Secretary of Labor Thomas E. Perez has sworn to continue the Occupational Safety & Health Administration’s (“OSHA) stepped up enforcement campaign in the construction and oil and gas industries after newly released data...more

OSHA’s Top 10 Safety Violations for FY 2015

On September 29, 2015, OSHA issued its preliminary list of the agency’s top 10 cited standards for fiscal year 2015. The list was presented at the National Safety Council’s 2015 Congress & Expo in Atlanta, Georgia by Patrick...more

OSHA Releases New Field Operations Manual with Increased Penalty Authority, Inspector Discretion, and Industry Coverage

U.S. OSHA recently released its new Field Operations Manual (“Manual”). The Manual is the field guidance that directs the work of OSHA’s Compliance, Safety & Health Officers (“CSHOs”) commonly referred to as “OSHA...more

There’s More Enforcement Overlap Between Federal OSHA and State Plans Than You Think

One of the fascinating things about an OSHA citation defense practice is the distinctions you see in prosecution by Federal OSHA versus state plans. It is very unusual in the legal world to have the same laws enforced by...more

Previously-Exempt Retailers Now Subject to PSM Standard

To help prevent or minimize unexpected releases of highly hazardous chemicals, OSHA requires employers to implement its process safety management (PSM) standard. Under the PSM standard, employers gather information, analyze...more

OSHA Recommended Practices for Employers for Preventing and Addressing Retaliation

The Occupational Safety and Health Administration has published a draft document intended to “help employers” to develop a program to protect employees from retaliation when issues or concerns about workplace conditions or...more

Get Ready for Monday-Morning Quarterbacking: OSHA Releases Compliance Guidance and Will Soon Finalize Electronic Recordkeeping...

The Occupational Safety and Health Administration (OSHA) recently sent its proposal to amend the recordkeeping regulation, 29 CFR Part 1904, to the Office of Information and Regulatory Affairs (OIRA)—a necessary step in the...more

Caution: Your Workplace Accident Investigation May Be Used Against You!

Last week, I posted about OSHA’s expected final rule on a public database of workplace injuries and illnesses. While that expected rule would require employers to submit their injury and illness records to OSHA electronically...more

OSHA Penalties Soon Getting a Boost

Michael Kinsley once said “A gaffe is when a politician tells the truth.” And one gaffe that has often been repeated is Speaker Pelosi’s statement from 2010, saying about the Affordable Care Act, “we have to pass the bill so...more

The Federal Budget Deal Will Mean Higher OSHA Penalties for Employers

The Bipartisan Budget Act of 2015, signed by President Obama on November 2nd, contains a buried provision with the potential to substantially impact employers. Section 701 of the Act significantly increases the maximum civil...more

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