News & Analysis as of

Safety Inspections

[Webinar] Working With MSHA: Alternative Citation Resolution and Pre-Enforcement Interaction - April 25th, 1:00pm EDT

by Conn Maciel Carey LLP on

While operators have the right and opportunity to contest any citation or order issued by MSHA, there ways to address concerns with MSHA prior to contest....more

Workers flee during MOL investigation, roofing company fined for obstructing inspector

by Dentons on

A roofing company has been fined $40,000 under the Occupational Health and Safety Act, including $15,000 for obstructing a Ministry of Labour inspector. The MOL inspector had gone to the site because of a complaint. He...more

OLRB confirms 30-day hard-stop deadline for appealing Ontario MOL inspectors’ compliance orders

by Dentons on

A recent Ontario Labour Relations Board decision confirms that the 30-day deadline for appealing Ministry of Labour health and safety inspectors’ compliance orders under the Occupational Health and Safety Act cannot not be...more

Web Exclusive: Preparing For Increased OSHA Enforcement In The Hospitality Industry

by Fisher Phillips on

The hospitality industry is both a major employer and economic driver in the United States. Yet, historically, the Occupational Safety and Health Administration (OSHA) has been less than hospitable to the multi-billion dollar...more

Sixth Circuit Rejects MSHA’s Claims That It Has Jurisdiction Over Coal Mining Machine Shop

In a case argued on February 1, 2017 and decided on February 13, the U.S. Court of Appeals for the Sixth Circuit held that Maxxim Rebuild Co., LLC’s small manufacturing facility located in Sidney, Kentucky is not a “coal...more

Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA...more

[Webinar] MSHA 101: Understanding The Mine Act and MSHA Policy - February 14th, 1:00pm EST

by Conn Maciel Carey LLP on

The Mine Act of 1977 governs all mine operators and grants MSHA authority over the industry. It, along with the MINER Act of 2006, also specifically outline the rights of miners and operators. Yet, while the Mine Act directs...more

What to Do When OSHA is at Your Door

by Foley & Lardner LLP on

You arrive at work bright and early, only to find that someone beat you there — OSHA is waiting to perform an inspection. Now what? Many employers think they have little say in what happens next. Actually, employers have many...more

OSHA’s New Chemical NEP: Serious Violations Preferred and EPA Referrals Encouraged

On January 17, 2017, the outgoing administration left one last gift for the Process Safety Management (PSM) community: a new national emphasis inspection program. As the compliance directive notes, “Any violation of the PSM...more

A Sign of Things to Come? Trump’s Regulatory Freeze and Other Early Actions

Behind the pomp and circumstance of Friday’s inauguration, President Donald J. Trump and his administration set their sights on deploying a new guard of regulatory and economic policies focused on reducing burdensome...more

[Webinar] 2017 MSHA Enforcement Initiatives and Rulemaking Outlook - Jan. 26th, 1:00pm EST

by Conn Maciel Carey LLP on

As we begin a new calendar year and look ahead to a new administration, industry should continue to stay informed as to MSHA’s regulatory agenda and enforcement initiatives. While MSHA will soon have new decision makers in...more

[Webinar] MSHA Hazard Complaints and Whistleblower Protections: Working Through Complaint Investigation - Dec. 15th, 1:00pm EST

by Conn Maciel Carey LLP on

Regular MSHA inspections (aka E01 inspections) are commonplace for mines – an average of two to four inspections per year for surface and underground operations respectively. Yet, MSHA has in its arsenal a host of other...more

Did These 10 OSHA Rules and Initiatives Die With the Election of Donald Trump?

by Fisher Phillips on

The election of Donald Trump surprised some Americans. In the days since his victory, our firm’s lawyers have fielded numerous questions from employers regarding what changes to workplace law they can expect under the Trump...more

Three days in jail for owner of roofing business after trying to deceive MOL inspector

by Dentons on

The owner of a roofing business has landed in jail for three days after trying to trick a Ministry of Labour inspector following a workplace accident. Three workers were working on a residential roofing project but the...more

OSHA with Her: Stronger Together Under Hillary? What the Occupational Safety & Health Administration Might Look Like Under a...

by Fisher Phillips on

The general election is only days away. On Tuesday, November 8, American voters will finally determine if Hillary Clinton or Donald Trump will succeed Barack Obama as our nation’s president....more

Updated FSIS guidance on raising animal label claims: What agribusinesses need to know

by Thompson Coburn LLP on

Primary responsibility for ensuring the truthfulness of labels on meat, poultry, and egg products resides with the Food Safety and Inspection Service (FSIS). The FSIS is the public health agency of the U.S. Department of...more

[Webinar] OSHA Issues During Acquisitions and Divestitures - November 8th, 1:00p.m. EST

by Conn Maciel Carey LLP on

OSHA compliance issues have been long ignored in the due diligence process for mergers, acquisitions and divestitures. With OSHA’s new focus on follow-up inspections and Repeat citations, and expanding the concept of...more

OSHA Sued Over Employee Inspection Walk-Around Rights Interpretation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Industry has sued to block OSHA’s efforts to give unions increased access to non-union worksites. We had blogged previously about OSHA’s new standard interpretation guidance letter that would allow...more

Preparing for an OSHA Interview Under the Current Administration

by Fisher Phillips on

As many employers know, OSHA has attempted to gain unprecedented power in the inspection process. Indeed, as this article is written, battles are being fought in federal court relative to OSHA’s authority and power in the...more

Federal Magistrate Finds OSHA Warrant to Expand Incident Inspection “Improvidently Granted”

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In this recent case a Federal Magistrate Judge finds that OSHA has gone too far in expanding an incident inspection into a wall-to-wall inspection. A District Court Magistrate Judge recently...more

Georgia Magistrate Judge Limits OSHA Safety Inspections in Poultry Plants

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration is fighting a Gainesville, Georgia, magistrate judge’s recommendation that would restrict its new regional worker-safety program aimed at poultry processing facilities....more

Federal employers not required to inspect workplaces that they don’t control: court

by Dentons on

The Federal Court has decided that federally-regulated employers are not required to conduct inspections of places not under their control where their employees work.   The decision will be a relief to federal employers whose...more

OSHA Penalties Increase by 78.156% Effective August 1, 2016

by Littler on

The two-year bipartisan budget President Obama signed on November 2, 2015, required OSHA to raise its citation penalties for the first time in 25 years. Since 1990, OSHA has been one of only three federal agencies that were...more

Lead Paint and Drinking Water in Maine – Now Under Even More Scrutiny: Important news for owners of residential and child care...

by Pierce Atwood LLP on

Lead paint is a well-known problem for older homes, and lead in residential drinking water from historic plumbing is also a recognized issue in Maine. Lead can be a serious problem if children or pregnant women are exposed at...more

City wins suspension of MOL inspector’s “constructor” order

by Dentons on

A city has won a suspension of a Ministry of Labour inspector’s decision that the city was a “constructor” under the Ontario Occupational Health and Safety Act on a watermain-improvement project....more

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