News & Analysis as of

Workplace Injury Occupational Safety and Health Administration

OSHA Violations Lead to Criminal Indictments and $1,475,000.00 Proposed Penalties

by SmithAmundsen LLC on

An OSHA investigation concluded on April 11, 2017 found that Atlantic Drain Service Company, Inc. failed to train its employees to recognize and avoid cave-in and collapse hazards, and failed to provide basic safeguards...more

No Excuses: Preventing Construction Site Accidents and Remembering the Dead

by Lewitt Hackman on

With Spring comes not only warmer weather, a change in time, and the start of baseball, but a return of construction projects as builders begin another season of home and commercial building. ...more

Tragedies on and off the silver screen: How to avoid costly workplace injuries

by FordHarrison on

Resident Evil: The Final Chapter is the title of a science fiction horror film that was recently released worldwide. The horror that occurred behind the scenes in the making of the movie rivaled the fictional onscreen terror....more

What's Next for OSHA Under the Trump Administration

by Pepper Hamilton LLP on

Over the past several months, many articles have been written, including by this author, regarding the strengthening, expanding and adding of “teeth” to the regulations and the reach of the Occupational Safety and Health...more

Judge Continues Case Challenging OSHA Electronic Record-Keeping Rule – Employers Must Comply With July 1 Electronic Reporting...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Texas federal court won’t decide the legality of OSHA’s rule regarding the “Tracking of Workplace Injuries and Illnesses” until after the July 1, 2017 deadline for employers to comply with the rule....more

Lawlessness Quashed, Part II: President and Congress Stop OSHA’s Attempt to Avoid the Volks Decision

On Monday, April 3, 2017, President Trump signed a Congressional Review Act resolution, passed by the House on March 1 and by the Senate on March 22, that disapproves of the Occupational Safety and Health Administration’s...more

Gavel to Gavel: OSHA Rule Impacts Drug, Alcohol Testing

by GableGotwals on

An Occupational Safety and Health Administration (OSHA) rule in effect as of December, should prompt employers to re-evaluate their post-accident drug and alcohol testing policies and practices. Originally published in...more

OSHA Staying the Course…for now…

by Jackson Lewis P.C. on

At a recent American Bar Association meeting, Dorothy Dougherty, Acting Assistant Secretary of Labor for OSHA and Tom Galassi, Acting Deputy Assistant Secretary of Labor for OSHA both noted that while there has been a change...more

Congress Repeals New OSHA Injury and Illness Recordkeeping Rule - President Trump Blocks Fair Pay and Safe Work Places Executive...

by Sherman & Howard L.L.C. on

Last week, the Senate approved a resolution killing a recordkeeping rule finalized by OSHA in December 2016, and this week, President Trump signed a congressional resolution invalidating the Fair Pay and Safe Workplaces...more

OSHA Promotes “Safe and Sound Campaign” to Assist Employers - A Change in Approach?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has recently “launched” a “Campaign for Safety & Health Programs,” that it indicates is an approach that has been proven by “best in class” employers to reduce injuries and illnesses and improve their...more

OSHA’s Attempt to Expand Citation Statute of Limitations Thwarted by Congressional Review Act Senate Vote

by Miller Canfield on

On March 22, 2017, the Senate, by a vote of 50-48, passed a House of Representatives’ resolution which overturned the OSHA Rule seeking to expand the statute of limitations period for citations it issues to...more

Senate Approves Measure to Kill OSHA Statute of Limitations Change for Recordkeeping Violations

by SmithAmundsen LLC on

On March 22, 2017, the U.S. Senate passed a measure to revoke OSHA’s modification to the six-month statute of limitations for recordkeeping violations. Under the Obama Administration, OSHA issued a new rule to extend the...more

Web Exclusive: Preparing For Increased OSHA Enforcement In The Hospitality Industry

by Fisher Phillips on

The hospitality industry is both a major employer and economic driver in the United States. Yet, historically, the Occupational Safety and Health Administration (OSHA) has been less than hospitable to the multi-billion dollar...more

House of Representatives Votes to Block OSHA Recordkeeping Rule

by Jackson Lewis P.C. on

The House of Representatives has voted to block a new Occupational Safety and Health Administration recordkeeping rule implemented in the last weeks of the Obama Administration. “Clarification of Employer’s Continuing...more

Top 10 OSHA Violations of 2016

Every year, OSHA releases a list of the 10 most frequently cited violations, which, for 2016, were accumulated by reviewing the nearly 32,000 workplace inspections conducted by OSHA staff. The list for 2016 looks a whole lot...more

Quashing Lawlessness: Congress Votes on OSHA’s Attempt to Avoid the Volks Decision

An appellate court one level below the Supreme Court of the United States, and highly respected in the field of administrative law, recently held that the Occupational Safety and Health Administration’s (OSHA) interpretation...more

Congress Moves to Invalidate OSHA Rule Which Provides Employers Can Be Cited for Five-Years For Injury and Illness Records

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Congress passes a Resolution to dismantle an OSHA final rule, adopted in December 2016, which despite statutory language to the opposite, “more clearly states employers’ obligations” to record an injury or...more

One of Our Employees Died at Work – Am I Going to Jail?

by Foley & Lardner LLP on

Most know that lawsuits against an employer based on an employee’s workplace injury are barred by the applicable State’s Worker’s Compensation Act. However, did you know that in some circumstances, an employer may be...more

All About OSHA

by Jackson Lewis P.C. on

Nearly every time I visit OSHA’s website, which is a daily event for me, I find something new. It might be a news release on the latest enforcement action, which might tell me what compliance officers are focusing on in...more

OSHA Identifies 10 Most Cited Safety and Health Violations

by Jackson Lewis P.C. on

The Occupational and Safety and Health Administration released a preliminary list of the 10 most frequently cited safety and health violations for 2016, compiled from about 32,000 inspections of workplaces by federal OSHA...more

Annual OSHA Posting Required

by Poyner Spruill LLP on

Now is the time employers must post a summary of work-related injuries and illnesses that occurred in 2016. The summary must be posted from February 1 through April 30. Failure to compile and post the summary is a violation...more

Executive Order Creating Steps for Regulatory Review and Reform Could Target Burdensome Employment Rules

by Littler on

On Friday, President Trump issued an executive order, Enforcing the Regulatory Reform Agenda ("the Order"), which calls for each federal agency to develop a regulatory reform task force to identify burdensome regulations for...more

OSHA Reminds Employers to Post Injury and Illness Summaries

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration has reminded employers they must post a copy of the agency’s “Summary of Work-Related Injuries and Illnesses” (Form 300A) summarizing job-related injuries and illnesses logged...more

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

by Ballard Spahr LLP on

The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more

What is the Current Status of OSHA’s Injury and Illness Reporting Rule?

As we previously reported on this blog, OSHA recently made sweeping changes to its injury and illness reporting rule. The agency delayed enforcement of the rule until December 1, 2016. Many industry advocates were hoping...more

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