Workplace Safety

News & Analysis as of

The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from...more

The Trump Card: What’s In Store for the Workplace in 2017 and Beyond?

On November 3, 2016, the National Labor Relations Board issued a Decision and Order in Trump Ruffin Commercial, LLC, finding that the Trump International Hotel, Las Vegas unlawfully refused to bargain with UNITE HERE...more

Meeting Society’s Expectations for Corporate Social Responsibility

Younger employees along with the public and media continue to apply pressure on organizations to address Corporate Social Responsibility (CSR) issues including human rights and environmental sustainability. For many...more

OSHA’s Advisory Guidance on Anti-Retaliation Programs

On January 13, 2017, OSHA published the Recommended Practices for Anti-Retaliation Programs. OSHA’s guidance provides examples and suggestions of steps companies can take to implement an effective anti-retaliation program. ...more

Texas, Adjacent States Get New OSHA Regional Administrator

A warm welcome to Kelly Knighton, the new OSHA Administrator for Region 6, which covers Texas and adjacent states. Knighton joined OSHA in 1995 as a Houston-based inspector and later as a compliance assistant advising...more

OSHA Civil Penalties Going Up Again – Adopts 2017 Maximums

Seyfarth Synopsis: The DOL has published its 2017 OSHA civil penalties. We had blogged previously about the U.S. Department of Labor’s (DOL) 2016 adjustments to the maximum civil penalty dollar amounts for OSHA...more

OSHA Penalties Go Up…Yes, Again

In August 2016 we reported on the substantial increases to OSHA fines for violations of safety and health regulations as part of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. (Sec. 701 of...more

NIOSH Accepting Input on How Best to Protect Workers, Including in Nanotechnology

John Howard, M.D., Director of the National Institute for Occupational Safety and Health (NIOSH), authored a January 10, 2017, NIOSH blog item entitled “Occupational Health Issues in the USA.” Howard shares a recent...more

OSHA Issues New Beryllium Standards

After more than 40 years of trying, the Occupational Safety and Health Administration (OSHA) has published a rule to reduce its occupational exposure limits for beryllium, a toxic metal used in various industries. Upon...more

OSHA’s “Perp Walks” for the Week of January 9th.

OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance. While reasonable minds can disagree about the sufficiency...more

OSHA’s New Electronic Reporting and Anti-Retaliation Rule Challenged By Industry Groups in Oklahoma

Seyfarth Synopsis: Business organizations have once again brought suit against OSHA’s new electronic reporting and retaliation rule, arguing that the proposed online database violates employers’ First and Fifth Amendment...more

EAP – What is it and why do you need one?

If you work in a large building on one of the higher floors, you will remember the last fire drill where you walked umpteen flights of stairs following your co-worker with the orange hat. Once you reached the bottom and...more

Medical Marijuana and the Workplace

With the growing list of states legalizing marijuana, are workplace drug policies up in smoke? As the new year begins, Arkansas, Florida and North Dakota join the growing list of states that have legalized medical marijuana....more

Are Employers Acting on What They Learn from Mass Shootings

After every public shooting, we discuss how to prevent and better respond to the next active shooter, but each subsequent shooting event suggests we are not acting upon knowledge gained....more

[Webinar] Top 5 OSHA Issues to Track in 2017 - January 25th, 1:00pm EST

The ball has dropped, the confetti has been swept out of Times Square, and 2016 (and the Obama Administration) is in the books. It is time to look back at the year and take stock of what we learned from and about OSHA over...more

Tragedy at Construction Project Leads to New Safety Rules and Regulations in Boston

The city of Boston will soon require all companies and individuals planning to perform construction work in the city to provide their safety records prior to obtaining a permit. The new ordinance arose out of a tragedy that...more

OSHA’s “Perp Walks” for the Week of January 2nd

OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance. While reasonable minds can disagree about the sufficiency...more

Workplace Policy Institute Insider Report - January 2017

Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

EPA Issues Final Rule Overhauling RMP Facility Chemical Safety Program

Prior to the close of the Obama administration and after much anticipation, the Environmental Protection Agency (“EPA”) issued its final rule overhauling the Risk Management Plan (“RMP”) facility chemical accident prevention...more

OSHA Publishes RFI for Possible Workplace Violence Standard

On December 7, the federal Occupational Safety and Health Administration (OSHA) issued a Request for Information (RFI) seeking public input for a possible future safety standard intended to reduce employee exposure to...more

The death of an employee due to the collapse of trench walls: Superior Court confirms the employer’s committal for trial for...

In the recent decision Fournier c R.[1], the Superior Court of Quebec confirmed that an employer’s violations of health and safety legislation can be the underlying unlawful act on which is based a criminal charge of...more

OSHA’s “Perp Walks” for the Week of December 26th

OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance. While reasonable minds can disagree about the sufficiency...more

Richard Marx Won’t Be 'Right Here Waiting' To Save You From Workplace Intruders: Lessons To Make Sure Your Workers Are Prepared

Richard Marx Won’t Be Right Here Waiting To Save You From Workplace Intruders: Lessons To Make Sure Your Workers Are Prepared....more

Banking & Financial Services E-Note - December 2016

Last month, the IRS issued final regulations repealing its rule requiring that a Form 1099-C be filed whenever a financial institution (or certain other limited taxpayers) fails to receive payment on a debt for 36 consecutive...more

OSHA’s “Perp Walks” for the Week of December 19th

OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance. While reasonable minds can disagree about the sufficiency...more

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