News & Analysis as of September 20, 2024

Occupational Safety and Health Administration › Employer Liability Issues

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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 -

FP Snapshot on Agriculture: How Federal OSHA’s Proposed Heat Safety Rule Impacts Your Industry

Fisher Phillips on 9/19/2024

Welcome to FP Snapshot on Agriculture, where we take a quick look at a recent significant workplace law development with an emphasis on how it impacts employers in the agricultural industry. This edition focuses on the...more

OSHA’s Walkaround Rule Showdown in Court: Will the Agency Be Allowed to Tread on Employers’ Rights?

Jackson Lewis P.C. on 9/19/2024

The Occupational Safety and Health Administration’s (OSHA’s) Walkaround Rule has sparked a legal showdown between business associations and OSHA in a U.S. District Court in Texas. The agency’s rulemaking powers and...more

OSHA Releases Severe Injury Report Tracker, Publicizing Serious Injury Data for Each Employer

Seyfarth Shaw LLP on 9/13/2024

Seyfarth Synopsis: OSHA recently unveiled an online tool allowing the public to access severe injury reports, injury trends over time, geographic trends, and trends specific to each employer....more

OSHA Proposes New Heat Injury and Illness Prevention Standard

Beveridge & Diamond PC on 9/13/2024

As summer temperatures shatter records across the country, the Occupational Safety and Health Administration (OSHA) is turning up the heat on employers in an effort to protect workers from high temperatures. In a continuation...more

Responding to an Accident: OSHA and Legal Liabilities

Seyfarth Shaw LLP on 9/13/2024

A terrible accident has occurred at your worksite. An employee operating a forklift made an errant turn, crashed into a support beam, and sustained serious injuries....more

It’s Getting Hot in Here: OSHA Proposes New Heat Hazard Rules

Bradley Arant Boult Cummings LLP on 9/12/2024

Did you know that OSHA does not currently have a specific standard covering heat stress hazards? Rather, OSHA uses the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, to impose requirements...more

OSHA’s New Severe Injury Report Dashboard Provides Data From 2015 Through 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/11/2024

Recently, the Occupational Safety and Health Administration (OSHA) made nearly a decade of serious event reporting data—from January 1, 2015, through December 31, 2023—publicly available for review and study via OSHA’s new...more

No. 4 of 10 Things Every Employer Should Know About OSHA: OSHA Must Issue a Citation Within Six Months

Bradley Arant Boult Cummings LLP on 9/10/2024

OSHA has a time limit on issuing citations. It must issue a citation within six months of the occurrence of any violation. The only exception to this rule is where the employer has concealed the violative condition or misled...more

No More Chevron Deference: What Does This Mean for Employers?

Foley & Lardner LLP on 9/10/2024

From 1984 until June 2024, a reviewing court had to defer to a federal agency’s reasonable interpretation of ambiguous statutes, even if the court would have interpreted the statute differently. In June 2024, the U.S. Supreme...more

OSHA Marks End of Summer with Proposed Heat Standard Publication

Jenner & Block on 9/6/2024

Summer may be coming to an end, but the regulatory landscape heated up on August 30 when the Occupational Safety and Health Administration (OSHA) published its highly anticipated Heat Injury and Illness Prevention in Outdoor...more

OSHA Publishes Hotly Anticipated Proposed Heat Standard

Stinson LLP on 9/3/2024

At long last and at the tail-end of what is on track to be the hottest summer on record, the Occupational Safety and Health Administration (OSHA) issued its first proposed heat standard on August 30, 2024. OSHA's Notice of...more

OSHA Cites Convenience Store Following Robbery and Shooting

Parker Poe Adams & Bernstein LLP on 8/30/2024

The vast majority of citations issued by the Occupational Safety and Health Administration involve accidents or negligent behavior that result in injury or illness resulting from inanimate objects, hazardous materials, or...more

OSHA’s First Federal Heat Standard for Outdoor and Indoor Work

Pillsbury Winthrop Shaw Pittman LLP on 8/28/2024

OSHA issued an unofficial version of a long-awaited proposed rule addressing heat injury and illness prevention. The official version has yet to be published in the Federal Register. The proposed rule requires employers...more

No. 2 of 10 Things Every Employer Should Know About OSHA: Be Present in Manager Interviews

Bradley Arant Boult Cummings LLP on 8/27/2024

We all know that OSHA has the right to interview folks as part of an investigation. Whether a company representative and the company attorney can also attend an interview depends on who is being interviewed....more

The Burr Broadcast: OSHA Clarifies Work-Relatedness of Employee Injuries While Traveling

Burr & Forman on 8/26/2024

In this episode of The Burr Broadcast, Natalie Ecker Phillips examines the recent guidance provided by OSHA regarding the work-relatedness of employee injuries or illnesses while traveling....more

No. 1 of 10 Things Every Employer Should Know About OSHA: Walkaround Representatives

Bradley Arant Boult Cummings LLP on 8/13/2024

Please follow along as we discuss the top 10 things every employer should know about OSHA over the next few weeks. 1. Employers and employees have the right to have a company employee or non-employee representative...more

OSHA Proposes New, Far-Reaching Workplace Heat Safety Rule

Foley & Lardner LLP on 8/13/2024

In July 2024, the Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a proposed rule (the “Proposed Rule” or “Rule”) aimed at regulating and mitigating heat-related hazards in the workplace....more

OSH Law Primer, Part VIII: The Intersection of Employment Law and Safety Issues

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/7/2024

This is the eighth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more

Workplace Law Update: 10 Essential Items on Your August To-Do List

Fisher Phillips on 8/5/2024

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

OSHA Slated to Deliver Proposed Workplace Violence Prevention Standard for Healthcare Industry in December 2024

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/1/2024

The Occupational Safety and Health Administration (OSHA) is preparing to release a proposed standard on workplace violence prevention in healthcare settings in December 2024....more

OSHA Cites Employer for Failing to Protect Employees from Workplace Violence

Benesch on 7/25/2024

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) continues to focus on preventing workplace violence in hospitals, nursing homes, and other healthcare settings, where employees are five...more

Hot Fun in the Summertime: Cal/OSHA Indoor Heat Rule Effective Immediately

Seyfarth Shaw LLP on 7/25/2024

Seyfarth Synopsis: On July 24, 2024, Cal/OSHA’s indoor heat rule was approved by the Office of Administrative Law (OAL) and filed with the Secretary of State (SOS), rendering the rule effective immediately....more

Michigan Supreme Court Expands Employer Exposure to Public Policy Retaliation Claims

Miller Canfield on 7/24/2024

In Michigan, various state employment laws prohibit employers from retaliating against employees. But can an employee pursue a public policy retaliation claim against the employer in addition to a statutory retaliation claim?...more

The Site Report - Construction Industry Insights, Issue 7, July 2024

Spilman Thomas & Battle, PLLC on 7/24/2024

Welcome to our seventh issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we address a range of construction issues from potential impacts to OSHA’s authority and issues...more

Alberta : Une entrevue peut être menée sans la présence d’un avocat lors d’une enquête sur un accident de travail

Blake, Cassels & Graydon LLP on 7/24/2024

Dans le cadre de l’affaire Neustaedter v. Alberta (Labour Relations Board), la Cour d’appel de l’Alberta (la « CAA ») a récemment confirmé une décision rendue lors d’un appel devant le Conseil des relations de travail de...more

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