News & Analysis as of September 25, 2024

Occupational Safety and Health Administration › Private Right of Action

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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 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 -

Employee Right to Sue for OSHA Violations has Strict Time Limit

Foley & Lardner LLP on 2/14/2023

Timing really does matter. In a “first of its kind” decision arising from a Pennsylvania meatpacking plant and its COVID response, a federal appeals court has severely limited when a private person may sue for alleged OSHA...more

Third Circuit Limits Employee Private Right of Action Under OSH Act

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/9/2023

On January 31, 2022, the United States Court of Appeals for the Third Circuit held in Doe v. Scalia that once the Occupational Safety and Health Administration (OSHA) has completed enforcement proceedings, an employee may not...more

Can an employer prevent a Section 11(c) whistleblower from getting double damages in a settlement agreement and release of a...

Cozen O'Connor on 11/18/2022

In a recent decision in the Eastern District of New York, Walsh v. Community Health Center of Richmond, Inc., et al., 21-CV-3094 (ARR)(TAM), the court held that OSHA has the right to pursue individual damages for a...more

OSHA Issues New Electronic Recordkeeping Requirements and Creates a New Cause of Action for Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/12/2016

The Occupational Safety and Health Administration (OSHA) has amended its recordkeeping regulation, 29 CFR Part 1904, to require many employers to submit OSHA 300 Logs, OSHA 301 forms, and OSHA 300A summaries to the agency...more

House Bill 2: What It Does and Does Not Do (A Private Sector Business Perspective)

Smith Anderson on 4/21/2016

H.B. 2 does not preclude private sector businesses or employers from adopting policies that prohibit discrimination on the basis of sexual orientation or gender identity nor regulate their decisions with regard to employee or...more

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