Workplace Injury Occupational Safety and Health Administration

News & Analysis as of

OSHA – Injury to Intoxicated Employee is Recordable

Seyfarth Synopsis: An alcohol induced accident involving an intoxicated employee can be an OSHA recordable incident. OSHA recently opined in an Interpretation Letter that, where an employee sustained an injury at work...more

OSHA Injury & Illness Recording of Intoxicated Employee Injury

A recent OSHA Interpretation indicates that a workplace injury an employee sustains when he/she is intoxicated must be recorded on the company’s OSHA Injury and Illness Log. OSHA stated that the exception for recording...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

When is a Reward a Bribe? OSHA Policy Limits Workplace Safety Incentive Programs

Years ago, my employer gave employees a coaster every quarter that the group had no OSHA reportable incidents. Now it would have been in violation to have such a program. Despite criticism from workers compensation carriers...more

The California Edition of the Employment & Labor Newsletter

Take a Seat! California Supreme Court Provides Clarity on California’s Suitable Seating Laws - A recent ruling by the California Supreme Court on suitable workplace seating arrangements will affect a vast number of...more

OSHA Proposed Rule Attempts to Undo D.C. Circuit Recordkeeping Statute of Limitations Ruling

Earlier this year, we wrote about a very significant rulemaking to amend OSHA’s injury and illness recordkeeping regulations to require employers to proactively submit their injury logs and reports to OSHA on a regular and...more

OSHA Ups the Ante for Employers That Fail to Report Workplace Injuries

On March 4, 2016, the Occupational Safety and Health Administration (OSHA) issued new procedures for enforcing revised injury and illness reporting requirements in 29 C.F.R. § 1904.39. Many of the 2014 interim procedures...more

OSHA’s Reporting and Recordkeeping Rule: One Year Later

OSHA’s updated reporting and recordkeeping rule, found at 29 C.F.R. 1904, went into effect in January 2015. We summarized these new requirements on the blog, which require employers to report severe workplace injuries,...more

OSHA Publishes Evaluation of Severe Injury Reporting Program

Beginning January 1, 2015, OSHA changed its injury reporting rules to require employees to report to OSHA certain severe injuries and employee hospitalization within 24 hours. We have previously blogged about that change in...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

Better Late Than Never? DOL Sues U.S. Steel Over Injury-Reporting Policy

The U.S. Department of Labor recently filed suit against United States Steel Corporation, alleging that the company's injury-reporting policy violates §11(c) of the Occupational Safety and Health Act. The suit claims that the...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

Departments of Justice and Labor Announce Initiative to Provide for Significantly Increased Criminal Penalties for Workplace...

On December 17, 2015, the Department of Justice (“DOJ”) and the Department of Labor (“DOL”) announced an expansion to the Worker Endangerment Initiative intended to increase the frequency and effectiveness of criminal...more

Lawsuit Bait: Reimagining the Revenant in Today’s Litigious World

Although the Oscars are eleven days away, it seems that the online collective of paid critics, amateur bloggers, and self-professed film buffs has already announced the “rightful winners.” Whatever the Academy Awards...more

Worker Endangerment Initiative May Increase Criminal Prosecutions of Worker and Health Safety Violations

The U.S. Department of Justice issued a Memorandum to all U.S. Attorneys and entered into a Memorandum of Understanding (MOU) with the U.S. Department of Labor on December 17, 2015 to bolster the federal government’s arsenal...more

Important Updates to OSHA’s Reporting Requirements and Penalties for Violations

There has been a recent flurry of activity in the employment law arena—including several proposed changes to employers’ reporting requirements for workplace injuries, as well as increased penalties imposed by the Occupational...more

OSHA Is Ready for the February 1 Recordkeeping Deadline... Are You?

The deadline for OSHA’s recordkeeping requirement mandating that all covered employers post a summary (300A Summary) of its prior year’s work-related injuries and illnesses is February 1. Per the mandate, this summary must be...more

10 Most Common Workplace Injuries

According to the Occupational Safety and Health Administration, the number of work related fatalities has declined by more than 65 percent in the last few decades, and work related and illnesses have declined by an impressive...more

February 1st Deadline to Certify and Post the OSHA 300A: Four Common Mistakes Employers Make

February 1st marks an important OSHA injury and illness recordkeeping annual deadline for all U.S. employers, except those with ten or fewer employees or those whose NAICS code is for the set of low hazard industries exempted...more

OSHA's Delay in Launching Its Web Portal Raises Concerns for the Proposed Recordkeeping Rule

At the start of 2015, the Occupational Safety and Health Administration (OSHA) made several changes to its regulations requiring employers to report certain work-related injuries and illnesses. Under the previous rule,...more

Working to Improve Lineman Safety

Electricity is the lifeblood of modern society, and it takes a dedicated army of professionals to keep the power grid functional. Through wind and rain, ice and snow, professional utility workers perform the dangerous job of...more

ARB Broadly Interprets Adverse Action Once Again

On November 24, 2015, the ARB adopted an expansive interpretation of what constitutes an adverse action for claims asserted under the Federal Railroad Safety Act of 1982 (FRSA), holding that a reduced performance rating with...more

Worker’s fainting at sight of his own blood was “work-related”: U.S. OSHA

We all know people who get light-headed at the sight of blood.  The U.S. Occupational Safety and Health Administration (OSHA) has issued an interpretation letter, advising that an incident in which a worker fainted at the...more

OSHA Targets More Manufacturing Industries For Amputation Inspections

In August, OSHA issued a revised version of its 2006 Directive on the Agency’s National Emphasis Program on Amputations that includes an updated list of 80 industries, primarily in manufacturing, that are targeted for...more

Caution: Your Workplace Accident Investigation May Be Used Against You!

Last week, I posted about OSHA’s expected final rule on a public database of workplace injuries and illnesses. While that expected rule would require employers to submit their injury and illness records to OSHA electronically...more

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