News & Analysis as of

Federal ALJ Allows OSHA to Seek Enterprise-Wide Abatement of Hazards Discovered at One Location

OSHA inspections are usually site-specific, meaning that the agency’s authority to issue penalties and to seek abatement of workplace hazards applies to the workplace actually inspected. Last month, a federal Administrative...more

What To Expect From OSHA In 2016 And Beyond …

The New Year is here and with that comes yet another year of enhanced OSHA enforcement and new OSHA regulations. Further, due to the upcoming end of President Obama’s time in office , questions exist as to whether OSHA will...more

OSHA Continues Delayed Enforcement of Confined Space Standard for Residential Contractors

As we discussed last summer, the Occupational Safety and Health Administration (OSHA) issued a new Confined Space in Construction Standard, which went into effect on August 3, 2015 and required heightened training, continuous...more

New DOJ and DOL Initiative Marries Environmental Crimes with Worker Safety Violations

The last quarter of 2015 was marked by an ever-increasing drumbeat of employee and union concern over what many viewed as the Occupational Safety and Health Administration’s (“OSHA’s”) anemic enforcement capability. The...more

Judge Says OSHA Can Seek Hazard Abatement at Worksites it Never Inspected

We saw more OSHA changes in 2015 than in any time in the last 30 odd years. Nevertheless, an OSHA Administrative Judge issued a decision a few weeks ago that could eclipse OSHA’s 2015 pronouncements on temporary employees,...more

"The MESS" - Your Bad Situation Could Only Get Worse: OSHA Plans To Raise Penalty Amounts By As Much As 80% - And Even If They...

"Gee, Sheriff, ain't this a mess?" "If it ain't, it'll do till the mess gets here." (Deputy to Sheriff (played by Tommy Lee Jones) in "No Country for Old Men") In my 28 years practicing law and serving as in-house...more

OSHA Announces New Web Page on Violence Prevention in Health Care

On December 1, 2015, the Occupational Safety and Health Administration (OSHA) launched a new web page in an effort to assist healthcare providers in curtailing violence in their workplaces. The page offers links to excellent...more

OSHA Penalties to Increase in 2016

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990. The Federal Civil Penalties Inflation Adjustment Act...more

More Dope On OSHA's New Weighted Inspection Process

We updated you about OSHA’s new Weighted Inspection Program in our October 3 post, “What’s the Real Effect of OSHA’s Revamped Inspection Process, the Enforcement Weighing System?”   A BNA piece tonight summed up the...more

B.C. introduces more legislation to improve workplace safety after mill fires

British Columbia recently introduced legislation to promote workplace safety in sawmills.  Bill 35 will require more extensive involvement from members of the joint health and safety committee during workplace accident...more

AgriBiz Alert: OSHA Targets Agribusiness Industry with New Citations

In recent months, the Occupational Safety and Health Administration (OSHA) cited several agribusiness employers for alleged violations of its standards, proposing significant penalties against them....more

Catastrophic Accident Resulted in a Workplace Fatality — Does Not Automatically Mean There Was an OSHA Violation

The Occupational Safety and Health Administration (OSHA) is charged with enforcing the Occupational Safety and Health Act (OSHA Act), and its various regulations intended to keep employees safe in their workplaces. Failure to...more

Statistics on Workplace Fatalities

Half a century ago, approximately 14,000 workers were killed on the job. However, after the creation of the Occupational Safety and Health Administration (OHSA) and the resulting policies that were implemented, working...more

Full Eighth Circuit Rejects OSHA's Expansive Reading of Machine Guarding Standard

Earlier this month, in a rare en banc decision, the full Eighth Circuit Court of Appeals held eight to four that the federal Occupational Safety and Health Administration exceeded its authority by interpreting a safety...more

OSHA Enacts Regulations Protecting Workers in Confined Spaces

Working in confined spaces poses a particular risk to Chicago employees. Consult a workers’ compensation lawyer at 312.600.0000. Most employees face some type of risk in the workplace, however, those who work in confined...more

OSHA Releases Annual Top Ten Citations List

Last month, the federal Occupational Safety and Health Administration issued its annual list of the ten most cited safety standards for the fiscal year that ended September 30. The list was unchanged from the prior year, and...more

Are You and Your Employees Prepared to Evacuate or Lockdown Your Facility?

The events of July 16 in Chattanooga have left us with many still unanswered questions. Our thoughts and prayers continue for those affected by this tragedy....more

Employment Law Update: Flooding, Storm Cleanup, and OSHA

As the Midlands recovers from the effects of widespread flooding, and as rain-swollen rivers reach the coastal portions of the South Carolina, Federal OSHA and SC OSHA have issued warnings about potential hazards encountered...more

Would OSHA “Punt” on Inspecting an NFL Team?

The tragedy this August that claimed the life of one worker and injured another during construction of the new $1.1B Minnesota Vikings football stadium reminded us that serious accidents can happen at any site no matter the...more

OSHA Updates “General Industry Digest”

Federal OSHA has recently revised and re-published its “General Industry Digest” (Digest). OSHA 2201-08R 2015. The Digest gives an overview of OSHA’s general industry standards to aid employers, supervisors, workers, and...more

OSHA Sets Sights on Health Care Facilities & Transgender Restrooms

The Occupational Safety and Health Administration (OSHA) was busy this past summer, announcing a host of new enforcement priorities.  Here we recap two: (1) combatting employee illness and injury at inpatient-care facilities;...more

Will “Host Employers” Face Increased Scrutiny from OSHA? Recent NLRB ruling may expand OSHA’s focus on host employers.

For the past several years, the U.S. Department of Labor, OSHA has put in place initiatives, formal and informal, relative to temporary employees in the workplace. The upshot of those initiatives is that OSHA cited both the...more

3D Printing of Medical Devices: When a Novel Technology Meets Traditional Legal Principles

This white paper – 3D Printing of Medical Devices: When a Novel Technology Meets Traditional Legal Principles – explores the legal ramifications and risks of the rapidly increasing use of 3D printing of medical devices. 3D...more

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

OSHA Updates National Emphasis Program on Amputations

In August 2015, OSHA updated its National Emphasis Program (NEP) on Amputations.  Based on a review of data from general industry as well as targeted industries, OSHA determined that workplace amputations were being...more

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