News & Analysis as of

OSHA Issues Policy Background on the Temporary Worker Initiative

On July 15, 2014, the Occupational Safety and Health Administration (“OSHA”) issued a policy memorandum to its Regional Administrators, explaining in greater detail the agency’s Temporary Worker Initiative (“TWI”). The TWI,...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

If You Can’t Stand the Heat . . .You’re Not Alone: OSHA Kicks Off its Annual Heat Illness Campaign

On May 22, the Occupational Safety and Health Administration (OSHA) announced that it was bringing back its heat illness prevention campaign for the fourth straight year. The campaign primarily targets industries with workers...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

New OSHA Guide on Hazardous Chemicals for Small Businesses

The Occupational Safety and Health Administration (OSHA) recently released a guide to help small businesses develop an effective hazard communication program and comply with OSHA’s revised Hazard Communication Standard (HCS)....more

OSHA: Active Agency Agenda, Increased Enforcement Efforts And Legal Update

The Occupational Safety and Health Administration (OSHA), the primary federal agency charged with responsibility for enforcing workplace health and safety regulations, has been very active under the Obama Administration. In...more

Six Spring OSHA Construction Updates

OSHA has been busy the first four months of 2014. The following are six items of particular interest to those in or affiliated with the construction industry....more

OSHA Comments on Distracted Driving Initiative

In OSHA’s April 15, 2014, issue of “Quick Takes,” its bi-monthly newsletter, the agency commented on the US Department of Transportation’s national campaign to stop texting while driving and other forms of distracted driving....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

Anticipating, Preparing for, and Handling Surprise OSHA Inspections

Under the Occupational Safety and Health Act of 1970 (the "Act"), the Occupational Safety and Health Administration ("OSHA") has very broad powers, including the authority to conduct workplace inspections without providing...more

Company Owner Sentenced 10-20 Years for Workplace Safety Violations

In November, a New Hampshire court sentenced the owner of a gunpowder manufacturing company to 10-20 years in prison for manslaughter based on workplace safety conditions that led to the deaths of two employees. OSHA...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

NAHB Urges OSHA To Rescind Proposed Silica Rule

We recently posted an article about whether silica exposure claims might emerge as the next toxic tort. A particular focus of that article was the Occupational Safety and Health Administration’s (OSHA) clearly increasing...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

Employer Should Have Fixed Safety Issue Before Accident, Not After: Safety Fix Did Not Merit Lower Fine

An employer’s corrective action taken after an accident did not entitle it to a reduced fine under the Occupational Health and Safety Act because the action should have been taken – and was legally-required – before the...more

OSHA Extends Silica Rule Comment Deadline to February 11

On the afternoon of January 24, 2014, with one-and-a-half business days left to the original deadline of January 27, the Occupational Safety and Health Administration (OSHA) announced a 15-day extension of the comment period...more

OSHA's Expanding Interpretations of the Law

Readers of a January 2, 2014, editorial in the Wall Street Journal, “A Bumper Crop of Bureaucracy,” may have wondered whether they should cry or laugh after learning about OSHA’s exploits to inspect small family farms. For...more

What to Expect from OSHA in 2014

With federal budget battles over, employers can expect to see more from OSHA during the remainder of fiscal year 2014. OSHA's budget year began October 1, 2013 with the infamous shutdown of the government. During the...more

Supervisor Jailed Under OHSA After Lying To MOL Inspector, Police

In what is still a relatively rare occurrence, an Ontario supervisor has been sent to jail for violating the Occupational Health and Safety Act after a worker died. Lying to the police and Ministry of Labour inspector did...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

OSHA Combustible Dust Standard On The Horizon – What Every Industry Should Know

Combustible dust, it is not the most glamorous of topics but it is an important one. Why is it important? It is important because between 1980 and 2005, combustible dust incidents claimed the lives of 119 workers and injured...more

Black Friday Brinksmanship: What Thanksgiving Day Store Openings Mean for Retail Employers

While most Americans will be sitting around a fire watching football with kith and kin or sleeping after a hearty meal, many retail employees will be stocking shelves and preparing for shoppers. This year, a significant...more

2013 Legislative Developments - Reference Guide

In this Reference Guide: - Wage/Hour Legislation - Prevailing Wage Legislation - Anti-Retaliation Legislation - Employee Leave Legislation - Discrimination/Harassment Legislation -...more

OSHA Web-Based Resources Provide Updated Guidelines to Hazardous Materials Exposure; Compliance is Voluntary... For Now

The Occupational Safety and Health Act of 1970 requires that employers provide safe and healthful workplaces for their employees. Many of the standards relating to hazardous substances were issued that same year and are no...more

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