Workplace Safety

News & Analysis as of

Real World - An Update from Dechert's London Finance and Real Estate Group July 2015: Construction Update: The CDM 2015

The Construction (Design and Management) Regulations 2015 (“CDM 2015”) came into force on 6 April 2015 and replace the Construction (Design and Management) Regulations 2007. The CDM 2015 are intended to ensure that...more

Here We Go Again—The Robert C. Byrd Mine Safety Protection Act

For the fourth time since the Upper Big Branch coal mine explosion in April 2010, a Congressional bill proposes to further amend the Federal Mine Safety and Health Act of 1977. The Robert C. Byrd Mine Safety Protection Act...more

OSHA Announces Directive on HazCom

The Occupational Safety and Health Administration (OSHA) released its much-anticipated directive to the agency’s compliance safety and health officers on its revised Hazard Communication (HazCom) standard yesterday. In 2012,...more

Miners & Marijuana

As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug...more

OSHA Targets Workplace Violence

For decades, acts of workplace violence were viewed as being limited to altercations between employees and "active shooter" situations involving a disgruntled employee or former employee. Generally speaking, those incidents...more

OSHA Joins the Growing Support for Transgender Rights in the Workplace

With the increased government scrutiny of transgender issues in the workplace, employers should be careful not to discriminate against transgender employees and to treat them in accordance with their gender...more

FOI adjudicator denies access to MOL inspector’s reasons for recommending no OHSA charges against employer

An adjudicator with the office of Ontario’s Information and Privacy Commissioner has denied access to a Ministry of Labour inspector’s reasons for recommending that Occupational Health and Safety Act charges not be laid...more

OSHA Concentrates its Health Care Facility Inspections on Key Areas, but Specific Requirements Remain Elusive

On June 25, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a press release outlining its focus areas for health care facility inspections. Musculoskeletal disorders (MSDs),...more

The Danger of Assumptions When Dealing With Ill and Injured Employees

A recent decision made by the Federal Circuit Court (Court) provides a timely reminder of the need to take care when making decisions about the ongoing employment and duties of ill and injured employees. The decision also...more

OSHA Delays Enforcement Date of New Confined Spaces in Construction Standard

OSHA has issued a memorandum stating that it will delay enforcement of its new confined spaces in construction standard, which we discussed in our prior OSHA Update. The effective date for enforcement will now be October 2,...more

New 2015-2016 Employment Laws for Oregon Businesses

The 2015 Oregon legislature has adjourned, but not before handing Oregon businesses a number of significant new employment laws. Below is a brief summary of the new legislation, all of which Governor Kate Brown has signed,...more

Keeping Up with California Regulations

Regulations applying to Heat Illness Prevention and governing leave under the California Family Rights Act have recently been updated. California employers should examine their policies and training programs to ensure that...more

Congress Considers More Whistleblower Protections for Oil Industry

Several lawmakers in Congress are proposing a bill to expand whistleblower protections for those in the oil industry working on the Outer Continental Shelf (OCS). These workers are playing key roles in oil and gas...more

NLRB Gives Employers a Hangover: Longstanding Anheuser-Busch decision overruled

More than 35 years after its decision in Anheuser-Busch, Inc., 237 NLRB 982 (1978), the NLRB has reversed course and held that employers may no longer summarily reject union requests for witness statements obtained in...more

NLRB Overrules Longstanding Precedent—Withholding Witness Statements is No Longer a Bright Line Exception

Action Item: The National Labor Relations Board (NLRB) recently held in American Baptist Homes of the West d/b/a Piedmont Gardens that there is no longer a blanket exemption for witness statements from an employer’s Section...more

Employer permitted to use “cumbersome” two-page sick leave medical form implemented after STD costs increase, arbitrator rules

An employer’s introduction of a new two-page sick leave medical form did not violate the collective agreement, a labour arbitrator has held. The employer introduced the form in response to the increasing costs of...more

SHE Matters - Summer 2015

In This Issue: - Changes to Comah Regulations - Make Sure You Are Prepared - Strengthening of Enforcement Powers Under the Environmental Permitting Regine and Tackling Waste Crime - Will You Be Affected? - The...more

Occupational Safety and Health Law: OSHA Announces Initiative to Cite Hospitals and Nursing Homes for Ergnomics Violations (6/15)

As background, OSHA issued a final ergonomics rule on January 16, 2001, four days before the end of the Clinton administration. Later that year, before the rule could go into effect, the new Congress rejected the rule under...more

Project Manager for Metron Construction convicted of criminal negligence in Christmas Eve fatalities. Three individuals and two...

The project manager who supervised the four workers who died after a swing stage scaffold collapsed on Christmas Eve, 2009, has been found guilty on four counts of criminal negligence causing death and one count of criminal...more

House and Senate Appropriations Committees Approve Funding Bills with Riders Targeting DOL, NLRB Initiatives

Both the House and Senate Appropriations Committees advanced bills this week to fund various federal agencies for FY 2016. Each chamber approved versions of spending measures that include riders prohibiting funding for a...more

OSHA Issues More Guidance Regarding Temporary Workers

The Occupational Health and Safety Administration (OSHA) has issued two new bulletins in support of its ongoing Temporary Worker Initiative. The initiative was launched two years ago to increase OSHA’s focus on temporary...more

Another lesson about clarity in settlements: employer may file WSIB appeal after mediated settlement, despite union’s objection

An employer’s appeal challenging a departed employee’s workers’ compensation entitlements may proceed, despite being filed after the employer, union and employee reached a settlement at mediation. The union had filed...more

U.S. OSHA and Health Canada continue “partnership” to coordinate labelling and classification of hazardous chemicals, implement...

Health Canada and the U.S. Occupational Safety and Health Administration (OSHA) have announced that they will “continue their partnership” to “align United States and Canadian regulatory approaches regarding labelling and...more

In Case of Emergency: Handling HazMat Violations

An unexpected fine for a hazardous materials violation can jolt a company. Even companies with robust systems for managing hazardous materials compliance can be surprised with a penalty due to the actions of a single employee...more

NIOSH Announces Paper Outlining Risks to Health Care Workers from Nano-Enabled Medical Products

The National Institute for Occupational Safety and Health (NIOSH) announced that in a paper published May 7, 2015, online ahead of print in the Journal of Occupational and Environmental Hygiene, “NIOSH authors Vladimir...more

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