News & Analysis as of

WARNING: Don’t Forget About OSHA’s Crowd Safety Requirements During The Black Friday Frenzy

Every year, Black Friday, the annual day-after Thanksgiving sales event, draws a record number of shoppers. In 2013, the National Retail Federation reported that 137 million shoppers participated in Black Friday....more

Ebola and Other Pandemic Outbreaks: Insights and Legal Considerations for U.S. Employers

According to the U.S. Occupational Safety & Health Administration (OSHA), Ebola hemorrhagic fever (sometimes called Ebola Virus Disease, EVD or Ebola) is the disease caused by infection with an Ebola virus. Workers performing...more

Does your company have a Pandemic Coordinator and/or Team to ensure that its employees/business are protected in times of...

The U.S. Department of Health and Human Services (HHS) recommends that employers be prepared in advance to deal with the unique workplace issues which arise in the event of a pandemic. The issues extend well beyond whether...more

New OSHA Guidance – Roadmap to Complying with its Cranes and Derricks in Construction Standard

Although OSHA implemented its Cranes and Derricks in Construction Standard (29 C.F.R. 1926 Subpart CC) back in 2010, it just now released its directive for how OSHA inspectors should enforce that rule. Multiple layers of...more

Be Prepared: Understanding the Impact That the Ebola Outbreak May Have on Employers

Two months ago, many Americans were unfamiliar with the term “Ebola.” It’s amazing how quickly things can change. Today, you cannot turn on your television or read a news article without hearing or seeing reference to this...more

Violation of OSHA Standards Now More Costly in Wisconsin

Last week, the Wisconsin Supreme Court resolved its first case of the year. It affirmed, by an equally divided court, the published opinion of the court of appeals in Sohn v. LIRC, 350 Wis. 2d 469. The Wisconsin Court of...more

Protecting Healthcare and Other Employees From Ebola

News that a U.S. based health-care worker in Dallas has contracted Ebola while caring for a patient with the disease has raised questions about the protections that health care facilities and other employers must provide for...more

California Proposes Major Changes to Refinery PSM Standard

The California Department of Industrial Relations (DIR) has proposed a new Process Safety Management standard for oil refineries (the "Refinery PSM Standard"). The proposal, which is a precursor to formal notice and comment...more

Transportation Employers, Can You Survive The Federal Audit “Tag Team”?

The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share...more

What should employees expect regarding worker safety?

It is easy to understand how employees may not be fully aware of what they should expect regarding worker safety. With job duties, continued training and other concerns, many employees may not even think about safety...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

OSHA Update: Legal Privileges Can Shield Accident Reports and Safety Audits from Disclosure

Written accident and incident investigations, as well as comprehensive safety and health compliance audits, are essential components of an effective safety and health program. Unfortunately, OSHA has often pursued accident...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

Protecting Workers From Heat Stress

The long, hot summer months are upon us...Did you know that an employer’s “duty to provide a safe workplace” under OSHA includes protecting employees from illness caused by heat stress? Heat stroke, heat cramps, heat...more

4 Essentials Your Prevention of Workplace Violence Training Must Cover to Build a Safer Workplace

I had the pleasure of meeting Dr. Marc McElhaney of Critical Response Associates last year when he helped our company create our Preventing Workplace Violence training course. Dr. McElhaney is a highly respected expert in...more

Next-Phase GHS 2015 Deadlines Loom: Time to Re-Author, Re-Label, and Refocus on Mixtures

Within the next 12-18 months, companies are facing multiple deadlines for various country adaptations of the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (UN GHS). These include...more

Eighth Circuit Affirms OSHA's Authority to Change Interpretation of Safety Rules Over Time

The federal Occupational Safety and Health Administration is known for taking broad and aggressive interpretations of its safety regulations. Conduct that may not appear to be covered under a rule can become the basis for a...more

OSHA Wins Victory in Seaworld Case Involving Death of Trainer

Sea World has been at the center of a firestorm of publicity after the death of killer whale trainer, Dawn Brancheau, in 2010. Ms. Brancheau’s death was featured in the documentary film, “Blackfish.” She was apparently...more

Employer Liability for Workplace Accidents

Accidents can happen at any time, including at work. If you are a California employee who was injured on the job or while performing work duties, it is important that you understand your rights and legal options. In many...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

OSHA Update: More Than Just Safety Investigations in Whistleblower Retaliation Complaints

Did you know that the Occupational Safety and Health Administration (OSHA) investigates 22 different types of whistleblower complaints? If not, then you may want to become more familiar with the various laws that the OSHA...more

Are there Hazardous Chemicals in the Office?

We recently posted information concerning OSHA’s new training requirements that are designed to align its Hazard Communication Standard with the United Nations’ Globally Harmonized System of Classification and Labeling of...more

OSHA Bulletin: Union Organizing’s 800 Pound Gorilla

The Occupational Safety and Health Act and standards promulgated thereunder allow an employee representative to participate in the filing of complaints, requesting workplace inspections, participating in workplace...more

Utah Rejects the Multi-Employer Worksite Doctrine: General Contractors are Only Responsible for the Safety of Their Employees at a...

The Utah Supreme Court recently held in Hughes General Contractors, Inc. v. Utah Labor Comm’n that the multi-employer worksite doctrine, which makes a general contractor responsible for the safety of all workers at a...more

Utah Supreme Court Rejects OSHA’s Multi-Employer Citation Policy

Multi-Employer Citation Policies - One of the most controversial policies of the Occupational Safety and Health Administration (OSHA) is its Multi-Employer Citation Policy (better known as the “MEP”). OSHA uses this...more

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