News & Analysis as of September 20, 2024

Occupational Safety and Health Administration › Statute of Limitations

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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 -

Revisiting Volks - Is OSHA Buying Itself More Time to Issue More Citations?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/22/2023

Recordkeeping under the Occupational Safety and Health (OSH) Act is often top of mind for workplace safety professionals. Under the OSH Act, employers must record injuries and illnesses resulting in medical treatment beyond...more

California Employment Legislative Update: Time for Governor Newsom to Get to Work

Seyfarth Shaw LLP on 9/4/2020

Seyfarth Synopsis: The California Legislature has passed a series of employment-related bills for Governor Newsom to consider. He has until September 30 to approve or veto these bills, most of which relate to leaves of...more

Everything Employers and Employees Need to Know When an Employee Feels Unsafe Returning to Work Due to COVID

Jaburg Wilk on 7/31/2020

Many employees are concerned about returning to work due to COVID-19. Employers need to be prepared for their employee’s requests. They will want to treat their employees fairly and also minimize their liability. There are...more

New Laws for California Employers in 2020

Farella Braun + Martel LLP on 12/30/2019

The California Legislature and Governor Newsom have passed a sizable list of new laws governing the workplace in 2020. Employers are, once again, advised to evaluate their workplace rules and practices to insure they keep...more

Reminder: New California Employment Laws Going Into Effect January 1, 2020

Akin Gump Strauss Hauer & Feld LLP on 12/17/2019

• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees. • The most significant laws include a new employee classification law, extension of the statute of limitations for...more

Passage of Time Defeats North Carolina Employer Retaliation Claim

Parker Poe Adams & Bernstein LLP on 7/22/2019

North Carolina’s Retaliatory Employment Discrimination Act (REDA) prohibits employers from taking retaliatory action against employees on the basis of workers’ compensation, OSHA, wage and hour, and other state labor law...more

Court: Employers Can’t Stall Subpoenas to Run out OSHA’s Enforcement Clock

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/26/2019

Employers consider many factors when choosing whether to challenge investigatory subpoenas. They now have an additional consideration: whether a court might grant the Occupational Safety and Health Administration (OSHA) more...more

What’s Next Now that OSHA Rescinded Part of the Electronic Recordkeeping Requirements?

Fisher Phillips on 1/25/2019

As we reported earlier yesterday, OSHA released its Final Rule eliminating the responsibility of certain employers to electronically submit to OSHA data from its Form 300 Workplace Injury and Illness Log and the 300A forms...more

Chris Lazarini Provides Insight on Administrative Remedies in Whistleblower Retaliation Case

Bass, Berry & Sims PLC on 11/14/2018

Bass, Berry & Sims attorney Chris Lazarini provided insight about a Sarbanes-Oxley whistleblower retaliation case brought by a plaintiff claiming she was unjustly terminated. Finding the plaintiff did not timely file an OSHA...more

California Enacts New Record-Keeping Mandates In Response To Changing Federal Program

Seyfarth Shaw LLP on 10/2/2018

Seyfarth Synopsis: Last week, Governor Brown signed into law Assembly Bill No. 2334, Occupational Injuries and Illness, Employer Reporting Requirements, and Electronic Submission....more

California Legislature Says Recordkeeping Violations Not Subject To Six-Month Statute Of Limitations

Jackson Lewis P.C. on 9/24/2018

Beginning in 2019, employers in California will now be on the hook for recordkeeping violations well beyond the six-month statute of limitations. Bill Number AB 2334 (Occupational injuries and illnesses: employer reporting...more

California Enacts New Law to Respond to Trump Administration OSHA Changes

Fisher Phillips on 9/20/2018

On September 19, Governor Brown signed AB 2334 (Thurmond) to make various workplace safety and health changes to California law, largely in response to recent activity by the Trump Administration. Among other things, AB 2334...more

OSHA “Removes” Late Term Rule Which Allowed OSHA to Cite Injury Recordkeeping Violations Going Back Five-Years

Seyfarth Shaw LLP on 5/10/2017

Seyfarth Synopsis: OSHA has rescinded its midnight rule, adopted by the outgoing Administration in December 2016 which attempted to end run the federal court’s decision in Volks that limits the statute of limitations on...more

Lawlessness Quashed, Part II: President and Congress Stop OSHA’s Attempt to Avoid the Volks Decision

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/5/2017

On Monday, April 3, 2017, President Trump signed a Congressional Review Act resolution, passed by the House on March 1 and by the Senate on March 22, that disapproves of the Occupational Safety and Health Administration’s...more

OSHA’s Attempt to Expand Citation Statute of Limitations Thwarted by Congressional Review Act Senate Vote

Miller Canfield on 3/27/2017

On March 22, 2017, the Senate, by a vote of 50-48, passed a House of Representatives’ resolution which overturned the OSHA Rule seeking to expand the statute of limitations period for citations it issues to employers. ...more

Senate Approves Measure to Kill OSHA Statute of Limitations Change for Recordkeeping Violations

Amundsen Davis LLC on 3/27/2017

On March 22, 2017, the U.S. Senate passed a measure to revoke OSHA’s modification to the six-month statute of limitations for recordkeeping violations. Under the Obama Administration, OSHA issued a new rule to extend the...more

House of Representatives Votes to Block OSHA Recordkeeping Rule

Jackson Lewis P.C. on 3/15/2017

The House of Representatives has voted to block a new Occupational Safety and Health Administration recordkeeping rule implemented in the last weeks of the Obama Administration. “Clarification of Employer’s Continuing...more

Quashing Lawlessness: Congress Votes on OSHA’s Attempt to Avoid the Volks Decision

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/8/2017

An appellate court one level below the Supreme Court of the United States, and highly respected in the field of administrative law, recently held that the Occupational Safety and Health Administration’s (OSHA) interpretation...more

Battle Brewing Over “Continuing Violations” Theory?

Pillsbury - Gravel2Gavel Construction & Real... on 1/9/2017

OSHA has just published a Final Rule restating its interpretation of the “continuing violations” theory. There are now two Circuit Court of Appeals rulings that disagree with this interpretation: AKM LLC dba Volks Contractors...more

Employer Duty to Record Injuries and Illnesses Extended to Five Years

Sherman & Howard L.L.C. on 12/21/2016

On December 19, OSHA issued an amendment to its injury and illness recordkeeping regulation. The change states that an employer’s duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing...more

OSHA’s Final Rule Clarifying (and Confirming) the Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each...

Ruder Ware on 12/20/2016

OSHA has always taken the position that the duty to record accurate and complete injuries and illnesses is a continuing duty. OSHA concedes, however, “that its recordkeeping regulations were not clear with respect to the...more

OSHA Issues Final Rule “Clarifying” The Ongoing Obligation To Make And Maintain Accurate Records Of Work-Related Injuries And...

Seyfarth Shaw LLP on 12/19/2016

Seyfarth Synopsis: OSHA finalizes rule that “more clearly states employers’ obligations” to record an injury or illness which continues for the full five-year record-retention period. The Occupational Safety and Health...more

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Occupational Safety and Health Administration › Statute of Limitations

Revisiting Volks - Is OSHA Buying Itself More Time to Issue More Citations?

California Employment Legislative Update: Time for Governor Newsom to Get to Work

Everything Employers and Employees Need to Know When an Employee Feels Unsafe Returning to Work Due to COVID

New Laws for California Employers in 2020

Reminder: New California Employment Laws Going Into Effect January 1, 2020

Passage of Time Defeats North Carolina Employer Retaliation Claim

Court: Employers Can’t Stall Subpoenas to Run out OSHA’s Enforcement Clock

What’s Next Now that OSHA Rescinded Part of the Electronic Recordkeeping Requirements?

Chris Lazarini Provides Insight on Administrative Remedies in Whistleblower Retaliation Case

California Enacts New Record-Keeping Mandates In Response To Changing Federal Program

California Legislature Says Recordkeeping Violations Not Subject To Six-Month Statute Of Limitations

California Enacts New Law to Respond to Trump Administration OSHA Changes

OSHA “Removes” Late Term Rule Which Allowed OSHA to Cite Injury Recordkeeping Violations Going Back Five-Years

Lawlessness Quashed, Part II: President and Congress Stop OSHA’s Attempt to Avoid the Volks Decision

OSHA’s Attempt to Expand Citation Statute of Limitations Thwarted by Congressional Review Act Senate Vote

Senate Approves Measure to Kill OSHA Statute of Limitations Change for Recordkeeping Violations

House of Representatives Votes to Block OSHA Recordkeeping Rule

Quashing Lawlessness: Congress Votes on OSHA’s Attempt to Avoid the Volks Decision

Battle Brewing Over “Continuing Violations” Theory?

Employer Duty to Record Injuries and Illnesses Extended to Five Years

OSHA’s Final Rule Clarifying (and Confirming) the Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each...

OSHA Issues Final Rule “Clarifying” The Ongoing Obligation To Make And Maintain Accurate Records Of Work-Related Injuries And...

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"Employment Flash - August 2016"

New Food Safety Whistleblower Regulations: OSHA Bites Off More Than It Can Chew

Occupational Safety and Health Administration › Statute of Limitations

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