News & Analysis as of

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 -

Tesla’s CEO makes personal pledge for employee safety

by FordHarrison on

Tesla, an electric-automobile manufacturer, made headlines last month after Worksafe, a California-based worker advocacy group, released a report in May indicating that the injury rates at Tesla’s Fremont manufacturing...more

Are We Ever Going to Get OSHA Guidance from the Trump Administration?

by Fisher Phillips on

No one thought that on June 22, we would still not know the Trump administration's enforcement position on the recordkeeping anti-retaliation requirements, including about automatic post-accident drug testing, the Silica...more

OSHA Seeks Feedback on Proposal to Revoke Certain Provisions of Beryllium Rule Applicable to the Construction and Shipyard Sectors

by Littler on

The Occupational Safety and Health Administration (OSHA) is reconsidering portions of a final rule setting standards for occupational exposure to beryllium. The rule, published January 9, 2017, was initially set to take...more

Beryllium Exposure Rule Going Through Changes, OSHA Admits

by Jackson Lewis P.C. on

The rule to lower permissible workplace exposure to beryllium is undergoing changes in a White House review, Occupational Safety and Health Administration deputy director for standards and guidance Maureen Ruskin has told...more

Who Reads the Instructions Anyway? The Role of Job Descriptions in Limiting Liability

by Davis Brown Law Firm on

How many times have you heard employment counsel say, “update your job descriptions?” Enough that you dream of updates? Enough that one of my clients commented, “I feel like that’s tattooed on my brain.” ...more

When The Summer Wind Comes Blowing In: Remember OSHA’s Heat Stress Guidance

by Cozen O'Connor on

On June 19, 2017, American Airlines announced it cancelled approximately 45 regional flights due to intense summer heat in the Phoenix area and there were record highs recorded in the region. The intense heat waves serves as...more

“Controlling Employer” Doctrine Reviewed and Vacated by OSHRC Law Judge

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an interesting outcome, an OSHRC Administrative Law Judge recently vacated a citation to an alleged “controlling employer” based on 5th Circuit precedent – despite being contrary with OSHA policy and...more

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

by Fisher Phillips on

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

OSHA and Ergonomics: The Past, Present, And Future

by Cozen O'Connor on

Ergonomics is the study of work. From an OSHA perspective, it is the process of designing the job to fit the employee, rather than forcing the employee’s body to fit the job. This process may include modifying tasks, the work...more

Safety Agencies’ FY 2018 Budgets Survive Despite Significant Labor Department Budget Cuts

by Jackson Lewis P.C. on

In its fiscal year 2018 budget, the Trump Administration recommended $543.3 million for the Occupational Safety and Health Administration, a decrease of about two percent from the fiscal year 2017 $552.8 million funding...more

Unions Leverage OSHA and other Dept. of Labor Enforcement as an Organizing Tactic

by Conn Maciel Carey LLP on

As the private sector continues to see a decline in labor union membership among employees, labor unions are struggling to remain relevant and recruit new, dues-paying members. Traditionally, when a labor union begins an...more

Employers Do Not Have To Report Injury For Employee Who Does A ‘Daily Stretching Program,’ OSHA Says

by Jackson Lewis P.C. on

Employers do not have to report a worker as having an injury if they instruct the worker to do regular stretching exercises for a “minor discomfort,” the Occupational Safety and Health Administration has concluded in an...more

OSHA Schedules First “Safe + Sound Week”

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA is sponsoring a “Safe + Sound Week,” another example of a more cooperative approach to worker safety and health issues....more

WPI Insider Briefing: What Will the Second Hundred Days of the Trump Administration Hold?

by Littler on

From the workplace policy perspective, much of the focus of the first 100 days of the Trump administration was on confirming a new Secretary of Labor and reversing the Obama administration’s labor and employment agenda....more

OSHA Delays Crane Operator Certification Deadline

by Jackson Lewis P.C. on

The compliance date for an Occupational Safety and Health Administration rule requiring construction crane operators be certified by a third-party evaluator and designated as “qualified” will be delayed, the agency announced...more

OSHA kicks off Safe + Sound Week, offering guidance on workplace safety

by Nexsen Pruet, PLLC on

Federal OSHA as well as the South Carolina and North Carolina labor departments have designated June 12-18, 2017, as the inaugural Safe + Sound Week. The purpose of this nationwide initiative is to raise awareness and...more

OSHA And Workplace Violence

by Cozen O'Connor on

The workplace violence tragedy in Florida yesterday where a lone gunman killed five people and then himself at an Orlando awning factor is a sad reminder that workplace violence remains a serious issue for businesses. OSHA...more

May 2017: The Top 10 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. May 2017 was no different, with...more

OSHA Delays New Electronic Record-Keeping Rule, But Anti-Retaliation Obligations Remain

by Locke Lord LLP on

On May 17, 2017, the Occupational Safety and Health Administration (“OSHA”) announced on its website that it will delay the July 1 deadline requiring certain employers to electronically submit their OSHA injury and illness...more

DOL Challenges Injury and Accident Reporting Policy Under OSHA’s Anti-Retaliation Rule

by Hinshaw & Culbertson LLP on

OSHA’s new anti-retaliation rule went into effect on December 1, 2016. The purpose of the new rule was to clarify what OSHA considered “the existing implicit requirement” that an employer work-related injury and illness...more

Transgender Employees May Be Entitled To Protection From Discrimination Under The ADA

by Foley & Lardner LLP on

Of late, we have recently written quite a bit about the ever-changing legal landscape regarding protections for LGBTQ employees. Most of the authority we explored involved whether or not sexual orientation (as well as gender...more

What California Bills Survived the Suspense File?

by Fisher Phillips on

As we discussed recently, this was a significant week in the California Legislature, as the Assembly and Senate Appropriations Committees decided the fate of hundreds of bills in announcing which bills made it off the...more

OSHA Beryllium Rule Lowering Exposure Limits Takes Effect, But It Faces Uncertain Future

by Jackson Lewis P.C. on

Regulation from the Occupational Safety and Health Administration to reduce worker exposures to beryllium “to prevent chronic beryllium disease and lung cancer” took effect on May 20, 2017. An OSHA spokesperson said on May...more

OSHA Indefinitely Delays E-Recordkeeping Data Submission Requirements

by Conn Maciel Carey LLP on

In the final year of the Obama Administration, OSHA published a controversial amendment to its Injury and Illness Recordkeeping Rule known as the “Improve Tracking of Workplace Injuries and Illnesses” Rule. As published last...more

OSHA Filing Date Up in the Air: A Summary of the Electronic Occupational Injury/Illness Reporting Requirement

by Faegre Baker Daniels on

Last year, the Occupational Safety and Health Administration (OSHA) promulgated a regulation that requires, among other things, certain employers to electronically submit occupational injury/illness information to OSHA...more

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