News & Analysis as of

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

OHS Consultant Loses OHS Reprisal Case

A health and safety consultant has lost his case against his employer, a health and safety association, in which he alleged that he had been retaliated against for raising safety issues....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

Employers May See Increase in Whistleblower Retaliation Claims in Near Future

On December 5, 2013, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced its intent to launch an online complaint system that will provide workers another avenue to file...more

Whistleblowing Made Easy: OSHA's New On-Line Complaint Procedure Has Gone Live

The U.S. Occupational Safety and Health Administration ("OSHA") recently made it easier for disgruntled employees to file whistleblower complaints against their current or former employers. Going forward, employees who...more

Silica Exposure Lawsuits: The Next Toxic Tort?

With the Occupational Safety and Health Administration (OSHA) signaling its increased attention to workers' exposure to crystalline silica, and the plaintiffs' bar evidently in search of new subjects for "toxic tort" claims,...more

Avoiding Mistletoe Mishaps, Part III: OSHA Releases Crowd Management Safety Guidelines For Retailers

As 2013 comes to an end, we have been considering a number of workplace issues that employers might face at the end of the year and the beginning of the holiday season. In parts one and two of this blog series, we covered...more

Don’t Let Your Super Sale Become A Violent Stampede

Earlier this week, the federal Occupational Safety and Health Administration issued the news release, “Crowd Management Measures Are Critical During Major Sales Events,” and sent a reminder to major retailers and retail...more

Employment Law Reporter - October 2013: Workplace Violence Examined (Part 2)

Using the risk factors outlined in our September Employment Law Reporter, and with consideration to the various types of possible workplace violence and the nature of the employer’s business, employers should establish...more

OSHA Targets Safety Incentive And Disincentive Policies

While you are busy with the required Hazard Classification Training that we told you about last week, you might want to make time to review any safety incentive programs that you have in place. ...more

$750K Fine For “Extreme” Criminal Negligence: “More Serious” Than OHSA Offences, Says Appeal Court In Metron Construction Fatality...

A $200,000.00 fine was “manifestly unfit”, the Ontario Court of Appeal has ruled, in raising Metron Construction’s fine to $750,000 for criminal negligence after four workers died on Christmas Eve, 2009. The $200,000 fine...more

DISPUTE RESOLUTION: Oil & Gas Litigation: New Rule Proposed By OSHA Regarding Silica Exposure Likely To Impact Fracking And...

On August 23, 2013, OSHA issued a News Release stating it is proposing a new rule reducing exposure limits for silica aimed at curbing lung cancer, silicosis, and other diseases. The permissible exposure levels under the new...more

OSHA Will Issue A Rule on Crystalline Silica

The U.S. Department of Labor’s Occupational Safety and Health Administration announced a proposed rule aimed at curbing silica-related disease. After publication, the public will have 90 days to submit written comments,...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

OSHA’s New Hazard Communication Standard Requires Most Employers To Train Employees By December 1, 2013

Last year, the Occupational Safety and Health Administration revised the hazard communication requirements to adopt international standards concerning the classification and labeling of hazardous chemicals and the format of...more

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