Workplace Hazards

News & Analysis as of

Watch Out: Ontario Ministry of Labour Inspection Blitzes/Initiatives Are Coming

The Ontario Ministry of Labour recently announced its 2016 and 2017 enforcement blitz and initiative schedule. In an effort to emphasize the importance of protecting workers’ rights and ensuring employer compliance with both...more

Kentucky OSHA to consider lowering fall protection trigger height

The Kentucky Occupational Safety and Health Standards Board will consider amending the state's rule, 803 KAR 2:412, at its annual meeting on May 10 at the Galt House Hotel in Louisville, according to the session's agenda. ...more

AFL-CIO Calls Attention to On-the-Job Deaths in Ceremony at State House

Michael Davidson was seeing patients at Brigham and Women’s Hospital when he stepped away to talk with the son of a deceased woman he had treated and the son shot him. Lawrence O’Leary was on a parking garage under...more

MSHA Enforcement Trends: Most-Cited Standards of 2015 and Rules to Live By

Mine operators can look to MSHA’s 2015 enforcement data to identify patterns in the most frequently cited safety and health violations, making it easier to avoid costly citations and possible long-term legal ramifications....more

“The larger the corporation, the larger the fine”: A corporate defendant’s financial circumstances is a relevant sentencing factor...

A small, family owned and operated custom cabinet business was fined $75,000 plus the Victim Fine Surcharge of $11,250 after pleading guilty to failing to ensure, as far as reasonably practicable, the health and safety of a...more

OSHA Enforcement in the Final Year of the Obama Administration

Although the Obama Administration is well into its last year, it is signaling no let-up in its aggressive environmental and occupational safety and health enforcement agendas. Indeed, continuation of or even more stringent...more

Environmental Notes - April 2016

EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more

OSHA’s Crystalline Silica Rule: Compliance Clock Ticks While Legal Challenges Mount

The Occupational Safety and Health Administration (OSHA) published its final rule on “Occupational Exposure to Respirable Crystalline Silica” (the “Silica Rule”) on March 25, 2016, and as expected numerous manufacturing...more

U.S. OSHA’s “severe injury” statistics broken out by industry

The U.S. Occupational Safety and Health Administration has produced a “year one” impact-evaluation report on its Severe Injury Reporting Program. Effective January 1, 2015, U.S. employers have been required to report to...more

Is OSHA Improperly Expanding the Scope of its Inspections?

2015 brought more changes to the OSHA enforcement landscape than we’ve seen in the last 30 years. A judge’s ruling in December that Fed-OSHA could seek abatement of alleged hazards at every location operated by an...more

A Beginner’s Guide to OSHA’s Final Silica Rule

On March 24, 2016, the Occupational Safety and Health Administration (OSHA) announced its final rule on occupational exposure to respirable crystalline silica. The rule was published in the Federal Register on March 25, 2016....more

OSHA Law Alert: OSHA Issues Final Silica Rule

OSHA has announced the finalization of its long-awaited silica rule. When it takes effect on June 23, 2016, the rule will (1) reduce the permissible exposure limit for crystalline silica; (2) require employers to implement...more

OSHA Announces Long-Awaited Final Rule to Limit Employee Exposure to Silica and Adopts New Standards That Are "Among the Broadest...

On March 24, 2016, after a 45-year effort, the Occupational Safety and Health Administration (“OSHA”) issued a final rule intended to limit workers’ exposure to respirable crystalline silica, a carcinogenic dust pervasive in...more

OSHA Alert: OSHA Issues New Silica Rule

OSHA’s much-anticipated rule to regulate employee exposure to crystalline silica was published last Friday, March 25th. The new rule takes effect June 23, 2016. Depending on the industry involved, staggered compliance...more

OSHA Issues Final Silica Rule: What’s the Same and What’s Changed?

On March 25, 2016, the Occupational Safety and Health Administration (OSHA) published in the Federal Register its final rule on occupational exposure to respirable crystalline silica. U.S. Secretary of Labor Thomas E....more

OSHA Unveils Controversial Final Silica Rule and Industry Gears Up For Challenges

OSHA has issued its long-sought – and heavily disputed – new regulation aimed at reducing worker exposures to crystalline silica dust, cutting the Permissible Exposure Limit (PEL) in half for general industry, construction...more

Torts – Negligence Per Se and Causation/CCP 998 Offers

Anthony Toste v. CalPortland Construction et al. - Court of Appeal, Second Appellate District (March 2, 2016) - In many tort actions, plaintiff will argue that the defendant violated some statute or ordinance and...more

New OSHA Silica Exposure Regulations Enacted – Decades After They Were Proposed

On March 24, 2016, the Labor Department’s Occupational Safety and Health Administration (“OSHA”) finalized new regulations for workplace silica exposure....more

OSHA Soliciting Comments for New Guidance for Determining Potential Health Hazards of Chemicals

On February 12, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced that it plans to issue new guidance as part of its effort to protect workers from the hazards of chemicals....more

Hazard Communication Update: OSHA Releases Draft Guidance on “Data Evaluation for Weight of Evidence Determination”

The Occupational Safety and Health Administration has recently released a draft Guidance on Data Evaluation for Weight of Evidence Determination: Application to the 2012 Hazard Communication Standard. We had previously...more

Injury resulting from exposure to asbestos does not exist separately to the injury of anxiety to workers of classified...

This client alert is relevant for companies that are exposed to industrial risks in France, and addresses in particular the asbestos cases and the related injuries. It points out the fact that, following the judgment rendered...more

Court Decision Makes it Easier for Plaintiffs to Pursue Claims Against Companies in Indiana

On March 2, 2016, the Indiana Supreme Court struck down Section 2 of the Indiana Product Liability Act and held that its statute of repose “does not apply to cases involving protracted exposure to an inherently dangerous...more

Top 10 Leading Causes of Disabling Workplace Injuries

A 2016 Workplace Safety Index published by Liberty Mutual Research Institute found that United States employers paid out approximately $62 billion for their employees’ disabling nonfatal workplace injuries during 2013. This...more

OSHA Issues Hazard Alert on Tank Gauging

The Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) have issued a new hazard alert for health and safety risks to workers who manually gauge or sample...more

What to Expect from OSHA in 2016: Michaels Discusses Hazard Alerts, Silica Rule, Reporting, and Other Priorities

On February 11, 2016, Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health and the head of the Occupational Safety & Health Administration (OSHA), spoke to 170 members of the oil and gas well...more

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