News & Analysis as of

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

Restaurant Industry Newsletter - July 2013

When OSHA Comes to Dine It Doesn't Make Reservations - The Occupational Health and Safety Administration (OSHA) establishes and enforces workplace safety regulations in several industries, including restaurants....more

A Texas Whistleblower Could Have Saved Lives

On April 17, 2013, the West Fertilizer plant, owned by Adair Grain, Inc., exploded, killing at least 14 and injuring hundreds more. Although months have passed since the explosion, many questions remain. ...more

OSHA Takes the “M” Out of MSDS and Changes Chemical Labeling Requirements

In 2012, the Occupational Safety and Health Administration (“OSHA”) revised the Hazard Communication System (“HCS”) and other regulations to conform them to the United Nations Globally Harmonized System of Classification and...more

Protect "Thy" Workplace: OSHA Cites Employer Under General Duty Clause in Fatal Stabbing of Home Healthcare Worker

The Occupational Safety and Health Administration (OSHA) recently issued a citation to Integra Health Management, Inc., finding that the company violated the Occupational Safety and Health Act in connection with the stabbing...more

OSHA Reminds Its Inspectors To Look At Egress Issues

If OSHA pays you a visit anytime in the next few months, you can expect that they will also look at egress issues at your workplace. In June 17th's edition of OSHA's Quick Takes, OSHA issued the following...more

OSHA Guidance Documents for Oil and Gas Well Drilling and Servicing

Did you know that OSHA has a guidance document on its website for the oil and gas well drilling and servicing industry? You may ask why this is important to know....more

Safety First—What OSHA’s Newest Interpretation Means for Employers of Temporary Workers

On April 29, 2013, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a memorandum to regional administrators regarding the obligation of employers to protect temporary workers from...more

MSHA/OSHA Report - May 2013

Escalating Enforcement by MSHA of Prohibition against Advance Notice of Inspection - Section 103 of the Federal Mine Safety Act requires the Secretary of Labor to conduct frequent inspections and investigations at...more

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