Workplace Safety Occupational Safety and Health Administration

News & Analysis as of

OSHA Reminds Employers to Post Injury and Illness Summaries

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

Signs that OSHA Priorities are Shifting Under the Trump Administration?

There are new developments related to OSHA’s Electronic Recordkeeping Rule and the Volks Rule. As a reminder, the Electronic Recordkeeping Rule requires certain employers to electronically file their OSHA recordkeeping data...more

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

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 to Expect from OSHA Under President Trump

Republican administrations tend to put more emphasis on helping employers comply with Occupational Safety and Health Administration requirements than on punitive enforcement actions. President Trump is familiar with OSHA...more

Employers Earn an Important Victory in “Union Walk-around” Lawsuit

On Friday, February 3, a federal judge in Texas denied (in part) a motion to dismiss a lawsuit challenging an OSHA Standard Interpretation Letter (known as the “Fairfax Memo”) that contains policies for safety walk-arounds. ...more

Sixth Circuit Rejects MSHA’s Claims That It Has Jurisdiction Over Coal Mining Machine Shop

In a case argued on February 1, 2017 and decided on February 13, the U.S. Court of Appeals for the Sixth Circuit held that Maxxim Rebuild Co., LLC’s small manufacturing facility located in Sidney, Kentucky is not a “coal...more

One of Obama OSHA’s Last Acts – An Update to the Walking-Working Surfaces Rule Decades In the Making

On January 17, 2017, OSHA’s new Walking-Working Surfaces Rule took effect, updating OSHA regulations that have been in place for nearly a half century. OSHA’s new rule, commonly referred to as the “Slips, Trips and Falls”...more

Rulemaking May Be Needed For OSHA To Include Union Reps In Inspections Of Non-Union Worksites, Judge Finds

As you may recall, the Occupational Safety and Health Administration issued a doozy of an Interpretation Letter back in 2013 allowing employees at non-union workplaces to designate non-employees, including “outsider” union...more

Standard for Workplace Violence in the Healthcare and Social Service Industry?

In response to calls from labor groups and unions to develop federal standard that addresses workplace violence in the healthcare and social service sectors, former OSHA chief David Michaels stated during a January 10 meeting...more

Willful Permit-Required Confined Space Entry Citation Upheld by the Seventh Circuit

On February 1, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the Occupational Safety and Health Review Commission (“Commission”) which imposed serious willful citations under the...more

OSHA 300A Summaries Should be Completed and Posted by Now

Most employers are required to complete OSHA’s Form 300A by February 1, 2017 and to post it and keep it posted between that date and April 30, 2017. ...more

OSHA Issues Final Rule to Protect Workers from Beryllium Exposure

The Occupational Safety and Health Administration has issued a final rule “to prevent chronic beryllium disease and lung cancer” in workers by limiting their exposure to beryllium and beryllium compounds. Beryllium and...more

President Trump’s “One In, Two Out” Executive Order Signals Regulatory and Employment Policy Shift

Amidst a first-week flurry of executive orders on trade, immigration, and construction of a U.S.-Mexico border wall, President Trump signed an executive order aimed at peeling back many Obama-era regulations. On...more

The End of Perp Walks?

For the past two weeks, we here at NSFW have been looking to the OSHA website to bring you the latest victims of the agency’s Perp Walks . . . to find that none have been published since January 19. Could the newly entered...more

OSHA Reasserts Its Position That Employers Have A Continuing Duty to Maintain Accurate Injury and Illness Records

As one of its last acts under President Obama, the Occupational Safety & Health Administration (OSHA) issued a final rule that requires employers to ensure that their injury and illness records are accurate during the entire...more

What Will 2017 Bring For Manufacturers: Environmental, Health & Safety Edition

This post is the last in our three-part series about what manufacturers can expect in 2017. In my humble opinion, we saved the best for last – Environmental, Health & Safety. Citizen Science - With increasing...more

Amtrak Employee Reinstated Following Retaliation for Whistleblowing

A former employee of the National Railroad Passenger Corp. (“Amtrak”) was recently awarded a $892,551 settlement and was reinstated as an Amtrak employee, following an order from the U.S. Department of Labor’s Occupational...more

Fines Increase One Percent for Workplace Safety Violations

If a one-percent increase in maximum fines doesn’t dissuade employers from committing worker safety and health violations, then we don’t know what does. OSHA’s and MSHA’s higher penalties became effective January 13th, but it...more

OSHA Emphasizes Worker Safety in Sustainability

The Occupational Safety and Health Administration has argued in a new “white paper” that employers should include worker safety as part of their “sustainability” calculations. In “Sustainability in the Workplace: A New...more

A Sign of Things to Come? Trump’s Regulatory Freeze and Other Early Actions

Behind the pomp and circumstance of Friday’s inauguration, President Donald J. Trump and his administration set their sights on deploying a new guard of regulatory and economic policies focused on reducing burdensome...more

OSHA’s “Perp Walks” for the Week of January 16th

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

[Webinar] OSHA's Slips, Trips and Falls Rule Gets a Facelift - February 8th, 1:00pmEST

Only a few decades in the making, OSHA has finally updated its Walking / Working Surfaces Standard, the regulation that governs slips, trips and fall hazards in general industry. Slips, trips and falls are among the leading...more

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

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

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