The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more
Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more
Inspectors from the Occupational Safety and Health Administration (OSHA) must be able prove that the employer should have been aware of hidden dangers to issue citations, the Occupational Safety and Health Review Commission...more
He’s Running. President Joe Biden announced this week that he will run for reelection in 2024. President Biden has stated that he is the most pro-union president in history, so the Buzz will not be surprised if labor and...more
The Occupational Safety and Health Administration (OSHA) successfully established the existence of an excessive heat hazard for which the agency cited the employer, the Occupational Safety and Health Review Commission (OSHRC)...more
You have the right to contest an OSHA citation, but only if you meet the deadlines. The OSHA Employer Rights & Responsibilities handbook states, “a written Notice of Intent to Contest must be filed with the OSHA area director...more
Normally, OSHA citations are issued only against the corporations which employ workers, not the individuals who own or control them. Thus, corporate entities are generally liable for penalties under the Occupational Safety...more
To state the obvious, the pandemic has resulted in completely unexpected change across the country in so many ways. OSHA’s visibility and role are probably one of the most significant changes to any federal agency. Prior to...more
A Congressional committee has approved maximum penalties of $700,000 per item for violations of Occupational Safety and Health Administration (OSHA) standards. The move would mean more than a fivefold increase of maximum...more
This past spring, the Occupational Safety and Health Administration (OSHA) announced its intention to implement a new heat illness standard that will apply to indoor environments. The agency said it has manufacturing...more
Cynthia L. Attwood was sworn in as Chair of the Occupational Safety and Health Review Commission (Review Commission), January 20, 2021, following her designation by President Joseph R. Biden Jr. Ms. Atwood is very familiar...more
The Occupational Safety and Health Review Commission (OSHRC) has issued three new decisions that appear to continue a favorable trend. On December 31, 2020, the quasi-judicial body overseeing enforcement actions by the...more
On October 27, 2020, the Tenth Circuit upheld a series of OSHA citations that were issued to an oil refining company following a fatal boiler explosion. In doing so, the Tenth Circuit upheld OSHA interpretations that...more
The Tenth Circuit Court of Appeals (covering Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah) issued an opinion on Tuesday (10/27/2020) that expands the applicability of OSHA’s process-safety-management standard to...more
On September 21, 2020, the Occupational Safety and Health Review Commission (OSHRC) unanimously vacated two machine-guard citations levied against employers by the Occupational Safety and Health Administration (OSHA) and...more
On September 21, 2020, the Occupational Safety and Health Review Commission (OSHRC) unanimously vacated a machine-guarding citation on the ground that the injured operator had deliberately bypassed the guard that the employer...more
Last week, the Occupational Safety and Health Review Commission (OSHRC), a 3-Commisioner panel appointed by the President and confirmed by the Senate which hears appeals of contested OSHA cases, issued two decisions vacating...more
Seyfarth Synopsis: Commission’s approval of undocumented training provides blueprint for employee misconduct claims for employers going forward....more
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard some introductory remarks from the Solicitor of Labor, a panel who...more
On January 22, 2020, Cynthia Attwood and Amanda Wood Laihow were sworn in to serve their respective appointments as commissioners of the Occupational Safety and Health Review Commission (OSHRC). The U.S. Senate confirmed both...more
USMCA? A-OK, Says Senate. The United States–Mexico–Canada Agreement (USMCA) has been in the Limelight in recent weeks, and, on January 16, 2020, the U.S. Senate approved it. President Donald Trump is expected to sign the deal...more
On January 9, 2020, the U.S. Senate confirmed by voice vote both of President Donald Trump’s nominees to the Occupational Safety and Health Review Commission (OSHRC). Cynthia L. Attwood was first to be confirmed, followed...more
Congress Sprints to the Finish. Congress returned this week from its Thanksgiving break and is racing to the end of the first session of the 116th Congress. Lawmakers are technically only supposed to remain in town through...more
On October 15, 2019, President Donald Trump announced his intent to nominate Cynthia L. Attwood to serve as a commissioner on the Occupational Safety and Health Review Commission (OSHRC). If confirmed by the Senate, this...more