News & Analysis as of

Workplace Injury Occupational Safety and Health Administration Safety Precautions

Cozen O'Connor

Westray Bill Gaining Traction Across Canada

Cozen O'Connor on

The enduring legal legacy of the Westray Mine disaster is the Bill C-45 amendment to the Criminal Code that established the new crime of Occupational Health and Safety (“OHS”) criminal negligence for individuals and...more

Parker Poe Adams & Bernstein LLP

OSHA Continues to Cite General Contractors for Subcontractors' Safety Violations

According to the Occupational Safety and Health Administration (OSHA), falls continue to be the top cause of employee deaths in the construction industry. Understandably, OSHA views fall protection as an enforcement priority....more

Parker Poe Adams & Bernstein LLP

OSHA's Response to Amazon Warehouse Tornado Cautions Employers Over Need to Enhance Emergency Planning

On December 10, a Category 3 tornado directly hit an Amazon distribution facility in Edwardsville, Illinois, resulting in a partial collapse of the building and six employee fatalities. In response to this tragedy, the...more

Parker Poe Adams & Bernstein LLP

If a Supervisor Ignores Safety Policies, Is the Employer Still Liable for OSHA Citations?

When an employer receives a citation for violation of Occupational Safety and Health Administration safety regulations, it can assert an affirmative defense claiming that the employees were exposed to the hazard as a result...more

Jackson Lewis P.C.

Can You Claim Employee Misconduct In An OSHA Citation?

Jackson Lewis P.C. on

When Occupational Safety and Health Administration (OSHA) cites for a workplace injury, employers often claim employee misconduct as an affirmative defense. There are a few key points employers can keep in mind...more

Seyfarth Shaw LLP

OSHA Standard Interpretation Repeats Vague Warnings on Employee Use of Headphones in the Workplace

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Occupational Safety and Health Administration (OSHA) has issued a standard interpretation cautioning employers on the use of headphones to listen to music on a construction site....more

Parker Poe Adams & Bernstein LLP

Lack of Clear Procedures Defeats Use of OSHA Employee Misconduct Defense

When cited for violation of OSHA safety rules, employers can assert an “unpreventable employee misconduct” defense. This defense claims that the employee knew that he or she should safely engage in the work activity, yet...more

Fisher Phillips

End of the Year Whirlwind for Labor and OSHA Matters! Part I of III

Fisher Phillips on

The long awaited nominee for Assistant Secretary of Labor for OSHA, Scott Mugno, finally received his Senate Labor Committee hearing on December 5, and passed through without controversy on a party line vote. Unfortunately,...more

Foley & Lardner LLP

Violation of OSHA Standards Now More Costly in Wisconsin

Foley & Lardner LLP on

Last week, the Wisconsin Supreme Court resolved its first case of the year. It affirmed, by an equally divided court, the published opinion of the court of appeals in Sohn v. LIRC, 350 Wis. 2d 469. The Wisconsin Court of...more

Smith Anderson

Protecting Workers From Heat Stress

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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

Akerman LLP - HR Defense

Court Grants Deference to Secretary of Labor's Interpretation of OSHA Regulation

When the Secretary of the Department of Labor and the Occupational Safety and Health Review Commission offer competing but reasonable interpretations of a worker safety regulation, the Secretary's interpretation is entitled...more

Perkins Coie

Don’t Let Your Super Sale Become A Violent Stampede

Perkins Coie on

Earlier this week, the federal Occupational Safety and Health Administration issued the news release, “Crowd Management Measures Are Critical During Major Sales Events,” and sent a reminder to major retailers and retail...more

BakerHostetler

OSHA Will Issue A Rule on Crystalline Silica

BakerHostetler on

The U.S. Department of Labor’s Occupational Safety and Health Administration announced a proposed rule aimed at curbing silica-related disease. After publication, the public will have 90 days to submit written comments,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Safety First—What OSHA’s Newest Interpretation Means for Employers of Temporary Workers

On April 29, 2013, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a memorandum to regional administrators regarding the obligation of employers to protect temporary workers from...more

Proskauer - Whistleblowing & Retaliation

OSHA Penalizes Another Railroad Company In Whistleblower Action

On February 28, 2013, OSHA ordered Union Pacific Railroad (UP) to reinstate the employment of and pay over $309,000 ($150,000 in punitive damages, $87,600 in compensatory damages, $71,700 in back pay with interest, plus...more

Akerman LLP - HR Defense

OSHA Has Been Hard At Work - Will You Be Ready If OSHA Knocks At Your Door?

A look at a recent speech given by OSHA's Assistant Secretary, David Michaels, Ph.D., provides employers with insight into what agency touts as successes over the past several years and its vision for the year ahead. ...more

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