News & Analysis as of

Mine Fatalities: Causes, Prevention, and MSHA Enforcement

A number of fatal mine accidents occurred in the United States between January 1 and September 22, 2014. Coal Mines - - Four underground employees on foot were crushed by equipment in operation. - Two...more

California Court of Appeal Limits the Scope of California's Unfair Competition Law by Denying Availability of Civil Penalties for...

The Court of Appeal for the State of California, Fourth Appellate District in Solus Industrial Innovations, LLC v. Superior Court (2014) 229 Cal.App.4th 1291, held that a California district attorney cannot pursue civil...more

Five tips on preventing workplace violence

Acts of workplace violence have, unfortunately, become all too common. Workplace violence can include anything from minor physical altercations and threats to tragic and brutal attacks or shootings. For employers, preventing...more

NLRB Increases Coordination Among Enforcement Agencies, Urges NLRB Regional Offices To Advise Employees About Wage-Hour And...

On August 8, 2014, the Associate General Counsel for the National Labor Relations Board (NLRB) issued a memorandum directing that the NLRB regional offices should advise employees of their rights to file complaints with the...more

OSHA Emphasizes Employer Safety Obligations to Temporary Employees

Last month, the federal Occupational Safety and Health Administration issued a policy memorandum intended to set forth safety compliance obligations for temporary employment agencies and the companies using their labor...more

Guidelines for OSHA Compliance During Hurricane Season

Everyone should be prepared for an emergency. but federal law requires that employers provide a safe work environment even in the face of a natural disaster. Consequently, employers — particularly those in areas most affected...more

Affirmative Action Alert Oh, No! Another Executive Order For Federal Contractors

For the fifth time in seven months, President Obama has signed an Executive Order directed solely toward federal contractors and their employees. Yesterday, he signed the "Fair Play and Safe Workplaces" Executive Order to...more

Court Grants Deference to Secretary of Labor's Interpretation of OSHA Regulation

When the Secretary of the Department of Labor and the Occupational Safety and Health Review Commission offer competing but reasonable interpretations of a worker safety regulation, the Secretary's interpretation is entitled...more

Two Months Until July 1 Safety Awareness Training Deadline: Will You Be Compliant?

The July 1, 2014 deadline is quickly approaching. Employers in Ontario have two months to ensure that their workers and supervisors complete “basic occupational health and safety awareness training” before the deadline....more

OSHA Seeks Comments on Process Safety Management Amendments, Other Standards

Oil and Gas Production and Servicing Industry May Be Impacted - First, OSHA requests comment on whether the agency should amend § 1910.119(a)(2)(ii), which currently exempts oil and gas-well drilling and servicing...more

A Reminder: New OSHA Training Requirements Are Now In Place

Over the next few years, the Occupational Safety and Health Administration (OSHA) will be phasing in certain safety requirements designed to align its Hazard Communication Standard with the United Nations’ Globally Harmonized...more

More Compliance Lessons From The Asiana/SFO Crash Investigation

I have long been interested in the intersection in the changes in attitude regarding safety in the workplace by corporations and the changing attitudes on doing business through bribery and corruption. As a trial lawyer...more

Product safety law and compliance in Germany

An overview - When placing consumer products on the German market, various product safety standards have to be met. The applicable rules and regulations can be quite difficult to determine. Failure to comply will...more

FAA Lets OSHA Standards Board the Plane

Last week, the Federal Aviation Administration (FAA) issued a final policy allowing the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) to enforce certain of its safety standards for aircraft...more

CPSC Approves $3.9 Million Penalty and Imposition of Compliance Program for National Retail Chain

A unanimous U.S. Consumer Product Safety Commission (“CPSC”) announced that Ross Stores Inc. (“Ross”), a national discount retailer, agreed to pay a $3.9 million civil penalty to settle allegations that it failed to report...more

Challenges Abroad: Ensuring Fair Working Conditions for Third Parties

Since Rana Plaza garment factory collapsed in Bangladesh in April, killing 1,100 workers, many retailers have taken a closer look at the working conditions in their third party suppliers’ factories. European retailers like...more

Enterprise Risk Management: The benefits of online policy and procedure management systems

ABSTRACT - Operational inefficiencies, sub-optimal patient care, financial losses and missing or ineffective sanctions for non-compliance are all potential outcomes that can stem from passive policy and procedure management....more

Controversial U.S. Medical Study Raises Informed Consent Questions

The recent controversy surrounding a study of newborn babies in universities across the United States demonstrates the importance of compliance with human subject protection regulations in medical research....more

CPSC Imposes Comprehensive Compliance Programs in Two Settlements, Warns this is the Wave of the Consumer Products Future

It is no news that Section 15(b) of the Consumer Product Safety Act (the Act) requires immediate reporting to the Consumer Product Safety Commission (CPSC) of any information which could support the conclusion that a product...more

Patton Boggs Insights - December 2012: Chemical Safety Board: CSB’s Moure-Eraso: Combustible Dust Standard Needed

Expressing frustration with the lack of action to control combustible dust hazards, CSB Chairman Rafael Moure-Eraso urged the International Code Council (ICC) to adopt a Board recommendation that would strengthen adherence to...more

Patton Boggs Insights - December 2012: Enforcement: MSHA Impact Inspections

Stepping up enforcement at coal mines with alleged violations relating to respirable coal dust, MSHA targeted 13 operations in September under its impact inspection program that the agency contended had a history of...more

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